Sunday, June 23, 2013

Whittall hearing to be held in Wellington

Online Reporter
Former Pike River Coal boss Peter Whittall has won his bid to have his defended hearing moved from Greymouth to Wellington.
Whittall is denying a dozen charges under the Health and Safety in Employment Act following the Pike River Mine explosion on November 19, 2010 that claimed 29 lives. At the time, he was the chief executive of Pike River Coal.
In a decision released today, Judge Jane Farish says the defended hearing should be moved from to Wellington "given the complexity and length of the trial together with Mr Whittall's personal position".
Crown lawyers argued the "paramount consideration" was the wider interest of the Greymouth community and in particular the victims' families, and said it would not be in the interests of justice to transfer the hearing out of the town.
Judge Farish says Whittall's ability to conduct his defence would be "significantly compromised" by the trial being held in Greymouth.
Public interest in the case could be met with a livestream of the hearing, she says.
At a hearing on March 14, Judge Farish was told the Crown was briefing 113 witnesses including nine expert witnesses. It was expected some of those briefs of evidence would be "lengthy, complex and detailed".
More than 600,000 documents needed to be reviewed, the Crown said at the time.
The defence estimated the hearing could take between 12 and 16 weeks.
Whittall's lawyer Stuart Grieve QC said the case is complex in a legal sense as well as in the volume of material which needs to be considered.
There are limited flights from Christchurch and Wellington to Hokitika and any overseas witnesses would need to catch two flights to get to the hearing, he said.
"The cost of travel is not inconsiderable, but it is more the ability to have access to witnesses in a timely manner and the logistics of having witnesses available to prepare or instruct." 
Mr Grieve said Whittall lived in Wellington and "assists greatly" in the running of his home. Holding the hearing in Wellington would allow Whittall to mount the "best defence" possible, rather than just an adequate one, he said.
In previous court appearances in Greymouth, "there has been significant animosity towards him [Whittall]", Mr Grieve said.
Judge Farish agreed Whittall would be under "significant stress" if the hearing was to remain in Greymouth "not only as a result of the hearing, but given the community's vilification of him".
Meanwhile Crown lawyer Brent Stanaway argued it was "insufficient" to rely on media coverage of the case and also streaming the hearing to adequately meet the needs of the great public interest around Greymouth and the country.
He said little weight should be placed on Whittall's personal circumstances and any animosity toward him could be minimised by more security.
The Greymouth courthouse had adequate audio/visual links for witnesses, he said.
While the issues raised by Whittall's defence were problematic, there were not "insurmountable" and were not enough for the court to transfer the hearing in the interests of justice, Mr Stanaway said.
Key facts of the Whittall trial:
  • Whittall facing 12 health and safety charges
  • trial could take 12-16 weeks
  • more than 600,000 documents to be reviewed
  • one document contains 20,000 emails
  • legal teams won't be ready until January or February next year
  • 113 prosecution witnesses; six to seven weeks to present evidence
3 News

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