Defence fears survivors being ‘traumatised‘

The fatal eruption at White Island happened on December 9, 2019.

It would be a 'travesty” to make Whakaari survivors relive the day of the eruption in court if their evidence isn't essential to the case, according to the judge.

Judge Evangelos Thomas made the remark at a case review hearing at Whakatāne District Court on Tuesday, where it was revealed most witnesses set to address the 2023 trial will be visitors who were on the island on December 9, 2019, when the eruption took place.

White Island Tours defence lawyer Grant Nicholson told the court the 'vast bulk of witnesses” would be made up of tourists on the island at the time, and raised his concern their evidence would be 'of peripheral relevance on the health and safety issues that form the basis of these charges”.

He said he did not want to see witnesses 'traumatised by needing to appear”, and that he hoped witnesses could be 'spared [the] need to give evidence at all”.

Judge Thomas said he hoped prosecutor WorkSafe could work with the defence teams to ensure no witnesses were called unnecessarily, saying that would be a 'travesty”.

'[It would be] unfortunate if witnesses were forced to testify at this hearing if their evidence is not in dispute.”

He also said many witnesses were overseas and in different time zones, which presented logistical challenges that court staff, and the wider Ministry of Justice, would need to work through.

It was also revealed at the hearing that WorkSafe is set to file amendments to charging documents that Judge Thomas said the prosecutor considered 'consequential”, and that GNS will appear before the court on February 9 next year for a severance hearing.

Judge Thomas also set a next case review date of March 14, 2023, at Whakatāne District Court.

The December 9, 2019 eruption took place while 47 people were on the island, leaving 22 dead and the remaining survivors with severe or critical injuries.

The event also led to WorkSafe filing numerous charges against a total of 13 individuals and organisations.

Some charges date back to April 4, 2016, and most relate to individuals and companies in their capacity as a person conducting a business or undertaking.

-Benn Bathgate/Stuff.

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