A bid by the government science body to have its case carved off from the other defendants facing charges in the wake of the Whakaari eruption has failed.

The decision on the fate of the Institute of Geological Nuclear Science comes in the wake of an earlier ruling that the owners of Whakaari Island, Andrew, Peter and James Buttle, would not have their charges tossed from 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 (PCBU).

In a written ruling, Judge Evangelos​​ Thomas noted that GNS faces one charge.

”It relates only to the safety of helicopter pilots transporting GNS scientists to Whakaari,” he said.

”The last of those trips was several days before the eruption. GNS therefore seeks to have a separate trial. WorkSafe opposes.”

Under a heading ‘Is severance in the interests of justice?” Judge Thomas noted bluntly: 'No”.

He said GNS argued no other defendant 'faces charges in the same terms as GNS” and that GNS argued a separate trial would be 'much shorter”.

”It would occupy eight days as opposed to the several months required for a joint trial. GNS does not foresee that any other defendant needs to be tried with it for the charge against GNS to be determined.”

Judge Thomas said he had to view 'the interests of justice as a whole” and that there would likely be areas 'where the actions of GNS are important in any main trial”.

'Central to the main trial for many defendants will be what decisions they took based on known risk,” Judge Thomas said.

'GNS is the lead Government agency for monitoring volcanic activity. It is inevitable that whether GNS failed in monitoring or advising risk may be a live issue for those defendants.”

Thomas said it was also likely WorkSafe would summons GNS witnesses at trial if severance was granted, and that there existed 'a real likelihood of the actions or processes of GNS being relevant at the main trial”.

He also said there were scheduling issues that would make another, separate trial, impractical.

'The state of current court rosters in Auckland or Whakatāne means that a severed trial in Auckland would occur deep into 2024 and not at all in Whakatāne” he said.

'Everyone has already waited for too long.”

-Benn Bathgate/Stuff.