Police and the mother of a young man killed during an explosion at an Auckland hazardous substances business are welcoming a court settlement resulting in the forfeiture of $4 million under the Criminal Proceeds (Recovery) Act (CPRA).
Jamey Bowring, 24, was killed when a tank exploded at Salters Cartage Limited (SCL) in Wiri in 2015.
SCL and its owner, Ronald Salter, were convicted of six charges under the Health and Safety in Employment Act 1992 and Hazardous Substances and New Organisms Act 1996.
The Commissioner of Police made an application for civil forfeiture under the CPRA, alleging SCL and Salter unlawfully benefited from breaches of regulations relating to the safe management and sale of hazardous substances.
A seven-week trial began last week. However, police say the parties entered into settlement discussions shortly after the Commissioner opened his case.
The High Court in Auckland has approved a settlement that will see SCL and Salter jointly forfeiting $4m.
Police say the settlement also sees the Commissioner released from an undertaking as to damages or costs associated with taking CPRA action.
Detective Inspector Lloyd Schmid, of the Police Financial Crime Group, says SCL and Salter knowingly benefited from a failure to comply with fundamental requirements for handling dangerous substances.
“SCL failed to ensure the safety of its site and Salter financially benefited from those very failings.
“We’ve chosen to take a pragmatic approach here and settle the case at no further cost to police,” says Schmid.
“This result has been a long time coming and we hope it provides some peace to Jamey’s loved ones.
“We’re aware of concerns within the business community about the application of the CPRA in these circumstances.
“Police have no intent to use the CPRA routinely for offences against the Health and Safety at Work Act.
“This case, largely brought on the basis of breaches of regulations relating to hazardous substances, had some unique features and aggravating circumstances, including the tragic death of a young man,” Schmid says.
“Police will however consider any future cases on a case-by-case basis.”
The late Jamey Bowring’s mother, Sarah Ferguson, says: “This case was so much more than someone getting some paperwork wrong.
“It was a case of a man and his company continually re-victimising Jamey and our family by minimising his role in the events that led to my son’s death.
“His behaviour leading up to and since that day has been beyond unacceptable,” says Ferguson.
“I can’t thank those who have walked this journey with us enough – the police and the fantastic legal team that worked quietly and tirelessly to hold this egregious offending and behaviour to account.
“Jamey deserved to come home from work.
“Your loved ones deserve to come home from work. Greed cannot come before safety.
“I love you my little Fred, I hope you can rest a little easier now.”
