DOC powerless to stop rule breakers

Department of Conservation staff were powerless when tourists chose to endanger themselves by deliberately flouting warning signs, the Coroner's Court in Greymouth was told today.

The regional coroner Richard McElrea has reserved his findings in the inquest into the death of brothers Ashish and Akshay Miranda, Indian nationals from Melbourne, who were crushed in an icefall while standing under the face of the Fox Glacier, on January 8.

Mr McElrea said he would give a written decision in due course after considering legal submissions from DOC's West Coast lawyer Dean van Mierlo.

Ashish, 24, an aircraft engineer, and Akshay, 22, a student, had ignored numerous warning signs, stepped over a safety rope and waded through a swollen stream to get to the glacier terminal.

One was leaning against the ice while the other was taking his picture, when a groan from the glacier warned them of the impending danger.

They tried to run to safety but had no chance of outrunning the hundreds of tonnes of ice that crushed them.

DOC Fox Glacier project manager David Nelson told the court "thousands and thousands of tonnes of ice" fell regularly over the summer, sometimes daily.

He said daily hazard assessments were carried out in the glacier valley, and signs were changed accordingly, but tourists often totally disregarded all warnings, as the Miranda brothers had.

Mr Nelson recalled a conversation he had with their father, Ronnie Miranda, and an uncle the day after the accident, which suggested the brothers had decided early in the day to touch the ice.

The uncle had said the boys were "vibrant ... out there to have a good time" and had decided to touch the glacier.

"My understanding is that they were on a mission," Mr Nelson told the court.

However, in a letter to the court, Mr and Mrs Miranda rebutted that, saying their sons were "mature, responsible adults not prone to rash actions" and would not have ignored hazard signs.

Mr McElrea asked DOC witnesses whether a change of legislation giving rangers more enforcement powers would help.

"It would. Some people put themselves at risk no matter what you say or do to them," Mr Nelson replied.

That opinion was endorsed by DOC ranger Stephen Pike, who said his job was stressful because he had to balance whether to place himself at risk by nearing the ice face to warn tourists of the grave danger, or leave them to their own devices.

That was highlighted not long after the fatality by a man taking his four or five-year-old daughter up to the glacier face, he said.

When Mr Pike tried to point out the folly of getting too close he was met with hostile abuse.

Earlier in the hearing yesterday, Ronnie Miranda said diamond-shaped warning signs at the glacier on January 9 had not been there the previous day.

Mr Nelson later confirmed that, saying he had staff erect the extra signs the morning after the fatality.

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