Six of the 13 parties charged following WorkSafe's investigation into the Whakaari/White Island tragedy had their charges dismissed. Photo: GNS
A legal expert says "complacency" within WorkSafe prevented the agency from achieving a better result during the Whakaari/White Island trial.
Whakaari/White Island erupted on 9 December 2019 killing 22 people who were on the island and injuring 25, some severely.
Six of the 13 parties charged following a WorkSafe investigation had their charges dismissed, and Whakaari Management Limited was convicted for just one of the two charges it faced.
Law firm MinterEllisonRuddWatts said the results of the trial had shifted the balance of power between WorkSafe and businesses.
"I doubt WorkSafe [expected this], it'll be an incredibly disappointing outcome for them and people who were affected," MinterEllison partner Matthew Ferrier said.
"Thirteen defendants were charged at the outset, and WorkSafe certainly had limited success [with six having charges dismissed]."
He said it was unusual for companies to defend themselves against charges by WorkSafe.
"We see a lot with our clients, they would rather accept responsibility, be seen to be doing the right thing, and avoid the spectre of dealing with a trial," he said.
"If you plead guilty at an early stage, a guilty plea is a major mitigating factor that can attract a 25 percent discount [to fines]."
But the high volume of dropped charges throughout the Whakaari/White Island trial could make others more confident, Ferrier said.
"I think it may well lead to more charges being defended in the future," he said.
"WorkSafe taking charges to trial and then having them dismissed will likely mean that [future] defendants will have confidence to defend charges they might have otherwise chosen to plead guilty to."
He speculated that WorkSafe may have been complacent and expected more of the defendants to plead guilty.
"I don't want to be critical of WorkSafe... but I think we've seen a complacency in the past," Ferrier said.
"The vast majority of defendants tend to plead guilty at an early stage, so WorkSafe are never really tested on the evidence they've gathered."
He said the agency may have cast its net too wide.
"To be fair to them, it was a very complex investigation and they're an under-resourced organisation relative to what they need to deal with," he said.
"I think [next time] they will probably narrow their focus a bit... and gather a bit more evidence and reflect on it before making charges."
