Nigel Hampton: Criminal defence lawyer on the Police saying they have sufficient evidence to charge Pike River officials with manslaughter

There’s a belief that the delay in investigating the Pike River mine disaster will influence the Crown's decision on charging those responsible.  

Police believe they have sufficient evidence to lay manslaughter charges against officials involved. 

This week marks 15 years since the 29 men never came home from the West Coast mine.  

Criminal defence lawyer Nigel Hampton KC told Mike Hosking the investigation delay, the public interest, and the families’ memories will play a role in the decision.   

He says he believes the Crown will do something, but it may not be all that is desired.  

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Episode Transcript

Speaker 1 (00:00):
As we mark the fifteenth aniversary of Pike River this week,
we hear that police have decided they believe they've got
enough evidence to lay manslaughter charges. The alleged act of
gross negligence were causative, which meets the threshold for manslaughter.
Nigel Hampton Casey is the criminal defense lawyer, of course,
representing the families and is with us Nigel Mourning morning. Now,
I can't work out where this is coming from the

(00:20):
police saying this publicly or are you saying this publicly
because you got it from the police.

Speaker 2 (00:26):
I'm saying it publicly because I've had information given me
through the police and I want to try and exert
pressure as much as I can to have some decision
made by the Crowns Office in Wellington as to whether
the police view that prosecutions are justified on the evidence

(00:46):
they've obtained, whether that view is going to prevail all
the Crown they're going to back down.

Speaker 3 (00:51):
What's your gut?

Speaker 2 (00:53):
My gut is that the Crown will do something, but
it may not be all that is desired. Half of
the primarily the two women that I've been acting for,
Anna and Sonya.

Speaker 3 (01:03):
What's that mean? What's doing something mean.

Speaker 2 (01:08):
Well, that's where I run into difficulty talking publicly about
that aspect, Mike, because I've made some I've been given
some fundational on a confidential basis, and I can't I
can't disturb that confidence.

Speaker 3 (01:25):
Yet, no problem at all. Are you bullish on it? Though?

Speaker 2 (01:31):
Half knacking?

Speaker 3 (01:35):
My problem?

Speaker 1 (01:36):
Correct me if I'm wrong. I'm just an interested observer
of all of this.

Speaker 3 (01:38):
Over the years.

Speaker 1 (01:40):
Is that it's like fifteen years, a long time delay,
a charge, memories evidence people. You know, it's a big
it's a big hurdle.

Speaker 2 (01:50):
Look, it is a big hurdle. The delay totally unacceptable.
I mean, back in the end of the Royal Commission
back in twenty thirty, the evidence of gross negligence was
there way back then. It was a matter from the
police point of view. At that stage they backed off
because partner the Labor Works Safe, We're going to prosecute

(02:13):
Whittle under the Health and Safety Act. That was illegally
bought off. That prosecution. The police there and didn't do
anything much until re entry was gained. Then they got
the further evidence that made that causative link that had
been lacking, the causative link between the gross negligence, the
explosion and the desk that had to be obtained if

(02:34):
there was going to be a successful prosecution. It's taken
a long time to complete that investigation. Lots more boreholes,
lots more scientific research. It's been slow. I understand that painstaking.
But now to have they reached the view the police
reached the view on their materials about a year ago,

(02:56):
and that becomes unacceptable that extra delay.

Speaker 3 (03:00):
Is it political?

Speaker 2 (03:05):
Not overtly, I wouldn't suggest that, but the Crown will
always weigh up those sort of factors, external factors and
coming to the view whether the evidence is sufficient and
secondly whether it's in the public interest. And delay enters
into the public interest arena as well, the fact the

(03:26):
sort of factors you mentioned will enter into it, the
long period of delay, the effective memories, people disappear, you
know all that, and evidence degrades.

Speaker 3 (03:37):
Yeah, exactly, all right, that what's your best with it?

Speaker 1 (03:39):
To take care Nigel Hampton Casey, criminal defense lawyer. For
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