Pilot avoids jail; to pay $120,000 in penalties

The men were on their way to work in Canterbury when the helicopter crashed near the Lindis Pass....
The men were on their way to work in Canterbury when the helicopter crashed near the Lindis Pass. Photo: CAA Safety Investigation Unit
Athol man Murray Sarginson has avoided a prison sentence in relation to the death of his best friend and business partner after a helicopter crash near Lindis Pass in 2016.

He was sentenced to four months' community detention, community work and financial penalties totalling $120,000 in the Queenstown District Court yesterday.

His counsel, Garth Gallaway, told Judge Bernadette Farnan it was clear to anyone who had attended Sarginson's trial how much the accident had affected him.

''Mr Edwards was his best friend, and suffice to say there's no punishment the court can impose that surpasses the one that he imposes on himself.''

Sarginson was piloting a Robinson R22 when it crashed in limited visibility on April 30, 2016. His sole passenger, Otautau man Liam Edwards (32), was able to walk and talk after the accident, but died near the crash site soon afterwards.

He was the father of a 5-week-old boy.

Sarginson was seriously injured.

The two men, partners in an earthmoving business, were flying to Canterbury's Mount Algidus Station for work.

Sarginson's 20-day trial, held intermittently in Queenstown and Invercargill over five months, ended in January.

The following month, Judge Farnan convicted him on two charges under the Health and Safety at Work Act after finding his conduct ''reckless'' as to the risk of serious injury or death, both in his capacity as a director of the company and as a worker.

''The defendant's conduct in flying in hazardous weather conditions, and in flying an overloaded aircraft exposed Mr Edwards ... to a risk of death or serious injury.''

After giving the defendant discounts for assuming the victim's debt to their business, his remorse, his participation in a restorative justice meeting and his previous clean record, Judge Farnan arrived at end point of 19 months' prison.

She converted that to four months' home detention and a daily curfew between 9.30pm and 6am.

Sarginson must pay $100,000 reparation, a $10,000 fine, complete 350 hours of community work, and pay $10,000 towards the costs of prosecution.

Judge Farnan will rule on an issue relating to ''consequential loss'' - a shortfall between Mr Edwards' family's ACC entitlement and what they have actually received - at a later date.

guy.williams@odt.co.nz

 

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