The Department of Labour's mines inspectors may be in the firing line as it considers whom to prosecute over the deadly Pike River Mine explosion, the Royal Commission of Inquiry was told yesterday.
John Haigh QC, who is representing former mine manager Doug White, said the department would have to "grapple" with the lack of a second escapeway inside the tunnel.
The commission had earlier heard the 50m-high, vertical escape ladder was inadequate.
"You would agree with me that [mines inspector] Mr Poynter is right in the firing line of any potential prosecution?" he asked Department of Labour deputy chief executive Lesley Haines.
Engineering, Printing and Manufacturing Union lawyer Nigel Hampton said there was a conflict of interest. The department was investigating Pike River Coal Ltd over the blast, but its own inspectors were being criticised.
A decision on whom, and whether, to prosecute has to be made by November. A final report is due to go to Ms Haines next month.
"Doesn't it leave the department somewhat conflicted ... [There is] considerable criticism of its own coal-mine inspectors ... in allowing a non-compliant mine to be operating?" Mr Hampton said.
"Isn't that a considerable conflict to you as investigators?"
The commissioners soon shut down the conversation, in case it "stepped" on a potential prosecution, but did say the issue of culpability could be addressed later in the hearings.
