Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


District Court Wrong on Charanpreet Dhaliwal's Death

15 October 2013


District Court Decision Wrong on Charanpreet Dhaliwal's Death


The decision yesterday by the Waitakere District Court that the employer of murdered security guard Charanpreet Dhaliwal did not need to take further steps to ensure his safety lowers the bar for all workers making them all less safe, CTU President Helen Kelly said today.


“The agreed facts included in the judgement show little care was taken when Mr Dhaliwal was engaged including an unclear induction process, no regular system for checking, no easy method of communications and insufficient scrutiny of the employees ability to safety undertake the job, yet the Court has said all of this is acceptable."


"It even finds the because the communication of the numerous security issues on the site had not been properly examined between Fulton Hogan and the Security Company, this was excusable."


Helen Kelly says "effectively, this decision says not having a system, employing someone on the day, leaving them alone in the dark unchecked until four in the morning and using some shonkyuncertain induction process meets the requirements of the Health and Safety Act – in doing so the Judge has effectively endorsed the worst kind of sloppy practice, and this wasdespite an industry expert saying it was not up to industry standard."


“We know from the Health and Safety Taskforce that the District Courts are failing to properly interpret the Health and Safety Act and do not have sufficient numbers of cases to build expertise in this area. The Taskforce recommends a speciality judiciary be established trained to do this work, but that will be too late for Charanpreet. If the test of all practicable steps is a few quick words on a dark night to take care – then any employer is likely to meet it," Helen Kelly said.


“We have here a young man with little experience, dead after one night at work on a remote building site after a 20 minute induction from a young man who himself had only one night experience and now we have a judge saying the law says this is acceptable. Far from enforcing the positive duty to actively take steps to prevent him from harm, this judge has created an intolerably low threshold of care," says Helen Kelly.


Charanpreet's mother is still in New Zealand following the unsuccessful prosecution of the man accused of his murder.

Family spokesperson Jafjit Singh said “Mrs Kaur is devastated by yesterdays findings by the Court. She now believes there are serious problems with the New Zealand justice system that no one has been found accountable for what on any measure, was a dangerous job her son undertook that night."

"She will return to India a broken women if no efforts are made to recognise the wrong done to her boy. It appears no one wants to take responsibility for what happened to Charanpreet and it is time the New Zealand Government changed the system," said Mr Singh.

The CTU is calling on the Ministry to appeal the decision.


ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

TV3 Videos: Key's Flip-Flop Over Whale Oil Texts | Slater
Reaction: Greens | More
Dim-Post Link: The Very Odd Slightly Left Of Centre

Gordon Campbell: On Government Arrogance

Right now, National is ramming anti-terrorism measures through Parliament. This legislation will grant the SIS the power to carry out 48 hour bouts of surveillance on anyone without a warrant, and will bestow on government the power to unilaterally revoke anyone’s passports and thus deny them the freedom to travel.

Ludicrously, the public has been given exactly one day to make submissions on these major infringements of their civil liberties. Despite Finlayson’s misleading signals on RNZ that these are only stopgaps until next year’s full review of our security laws, the measures in question will not, in fact, expire until 2018.

Why the insane rush? Good question. More>>

 

Parliament Today:

Key Texts With Whale Oil Released: PM Can’t Be Trusted Over Dirty Politics Defence - Greens

John Key’s answers to questions about dirty politics can’t be trusted, after he was forced to admit that he had misled journalists and Parliament about contact with attack blogger Cameron Slater, said the Green Party today.. More>>

ALSO:

Temporary Release Crackdown Continues: Corrections Review Of Phillip Smith Case

“The review by Corrections’ Chief Custodial Officer reveals that the plan for Smith’s series of temporary releases was overly ambitious and misinformed. He’s a highly manipulative and deceptive person who although technically eligible, should not have been considered for temporary release." More>>

ALSO:

White Ribbon Day: Govt Resumes Sexual Violence Trial Proceedings Work

Justice Minister Amy Adams has asked the Law Commission to resume work on proposals for better supporting victims of sexual violence through the criminal process. The Law Commission will revisit its previous work on alternative pre-trial and trial processes to identify options for improving complainants’ experience in court. More>>

ALSO:

"New Faces, Wise Heads": Andrew Little Announces New Labour Line Up

Labour Leader Andrew Little today announced a bold new caucus line up which brings forward new talent and draws on the party’s depth of experience. More>>

ALSO:

Gordon Campbell: On Rick Ellis As Te Papa’s New CEO

The recent appointment of former TVNZ boss Rick Ellis to head Te Papa has copped a fair bit of criticism. Much of it has been inspired by the suspicion that Ellis has been hired to pursue the same purely commercial goals as he did at TVNZ, while similarly neglecting the serious cultural side of his mandate. More>>

Passport Cancellation, Surveillance: Draft 'Foreign Fighters Legislation' Released

The final draft of the Countering Terrorist Fighters Legislation Bill contains proposals previously announced by Mr Key in a major national security speech earlier this month. More>>

ALSO:

Related

Joint Statement: Establishment Of NZ-China Strategic Partnership

At the invitation of Governor-General Lt Gen The Rt Hon Sir Jerry Mateparae and Prime Minister The Rt Hon John Key of New Zealand, President Xi Jinping of the People’s Republic of China made a state visit to New Zealand from 19 to 21 November 2014... More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news