Operator changes plea on charges over safety

Brad McLeod
Brad McLeod
After a week trying to defend itself, a Queenstown adventure tourism company admitted in the Queenstown District Court yesterday it did not take "all practicable steps" to ensure the safety of English tourist Emily Louise Jordan (21), who drowned while trapped underwater during a river boarding trip on the Kawarau River on April 29, last year.

Black Sheep Adventures Ltd, trading as Mad Dog River Boarding, and its managing director Brad McLeod were each defending three charges relating to Health and Safety in Employment Act 1992 brought by Maritime New Zealand, but yesterday defence counsel Michael Parker told Judge Brian Callaghan the company wished to plead guilty to two charges relating to the safety of Ms Jordan and of customers.

Another charge and three similar charges against Mr McLeod were then withdrawn.

In a moving victim impact statement, Ms Jordan's father, Chris Jordan, said since the death of Ms Jordan the family was "close to breaking point" with his daughter Lucy struggling with university and his wife, Sarah, forced to give up her wedding dress business because she could not bear to constantly deal with "happy young girls" preparing to get married.

Mr McLeod read a brief statement expressing his "extreme remorse at Emily's passing" and said the last 16 months would continue to be felt by all involved.

Defence counsel Michael Parker confirmed there was insurance to cover any reparations and said there should be consideration also given to the cost to the Jordan family of flying to New Zealand to repatriate Ms Jordan's body and also for Mr Jordan to return for the hearing.

He said the company only made a "modest" return each season and Mr McLeod would "subsidise its responsibilities".

In submitting on the options for sentencing, Maritime New Zealand prosecution counsel Brent Stanaway said he believed the level of culpability in the matter was "at least medium" and the starting point for a fine should be about $50,000.

From there Judge Callaghan should take into account any mitigating and aggravating factors, he said.

Aggravating factors included the "ad hoc nature of the attempt to rescue Ms Jordan by guides who were not carrying ropes and were not trained in their use.

"They should have been trained to [whitewater] industry standards," Mr Stanaway said.

The company had taken an "isolationist" approach to safety and ignored what was done in other industry sectors.

There was also the failure of the guides to identify the rock which trapped Ms Jordan in Frogz Eddy as an trapment hazard in low water flows.

In evidence given last week, former Mad Dog operations manager Nicholas Kendrick had told the court they had thought the rock was only "an impact hazard".

Mr Stanaway said just because no-one had been trapped there in the past it did not mean there was no hazard.

"They had identified entrapment rocks further downstream," Mr Stanaway said.

Another issue raised by the prosecution was "jokey briefings" given to clients and limited information about the possibility of drowning.

Defence counsel Michael Parker said the late guilty plea, five days into a hearing, would be an aggravating factor, but asked Judge Callaghan to take into account there were "legal issues" which had prevented an earlier plea change.

Another mitigating factor was the company had been in contact with Qualmark and Maritime New Zealand before the accident to try to get better industry standards in place, Mr Parker said.

The environment in which the accident had taken place was constantly changing and therefor difficult to manage risks in.

Judge Callaghan suggested the greater the risk, "the greater the responsibility".

He will sentence Black Sheep Adventures in the Queenstown District Court this morning.

 

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