Department of Labour to Appeal Sentences in Mining Tragedy Case

28 February 2008

With the consent of the Solicitor General, the Department of Labour has appealed  the sentences imposed against the company, mine manager and consultant geologist prosecuted following the Tiller Mine tragedy.

The appeals have been filed in the Greymouth High Court.

In January, the Greymouth District Court ordered Black Reef Mine Ltd, the company that owns Tiller Mine near Greymouth, to pay reparation of $20,000 and a fine of $10,000.

The manager of the mine, Gary Haddow, was ordered to pay reparation of $11,600 and fined $2000.

A consultant geologist working at the mine was ordered to pay reparation of $21,600 and fined $10,000. The geologist has name suppression.

The reparation was to be paid to Valma McGowan, the widow of West Coast miner Robert McGowan. Mr McGowan, who worked at Tiller Mine, was killed in March 2006 when a large volume of water flooded the mine.

The Department of Labour investigation found that a number of significant failures by Black Reef Mine, Mr Haddow and the consultant geologist resulted in the death of Mr McGowan, and charges were laid under the Health and Safety in Employment Act.

Black Reef Mine pleaded guilty to two charges relating to the incident.

In December 2007 following a defended hearing, Mr Haddow was found guilty on three charges and the consultant geologist was found guilty on one charge.

ENDS

To the journalist: please note that health and safety services formerly referred to as Occupational Safety and Health (OSH) should now be referred to as the Department of Labour.