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Forestry death inquests in NZ

The family of a Rotorua man killed in a forestry accident found out about his death by text message, an inquest has been told. Source: Radio New Zealand

Robert Epapara, 23, died after he was crushed by a tree in the Waione Forest, near Rotorua, in March 2013.

His stepfather, Wiremu Edmonds, who is a forest safety advocate, has told the Coroners Court that when Mr Epapara was killed the rumour about his death was already on social networking sites before the family found out.

“It was believed that the partner of one of Robert’s work friends sent a text message to the girlfriend who in turn sent a text to Robert’s partner to tell her Robert had been killed,” said Mr Edmonds.

“It wasn’t until two hours later police arrived at our home to confirm the information.

“It concerns me that families are being exposed to more hurt, anger and grief when receiving information from others outside or off the worksite.”

Mr Edmonds told Coroner Wallace Bain the interaction the family had with WorkSafe and the inspector investigating his stepson’s death was unsatisfactory.

He said they had no contact from the WorkSafe inspector investigating the death for nearly a year and that lack of communication increased the burden on an already difficult grieving process.

Mr Edmonds wanted to see procedures about communication put into place after a forestry death and he also raised the issue of workloads on forestry inspectors.

“I am concerned the workload is far too great for the small number of inspectors dedicated to the forestry industry,” he said.

A spokesperson for WorkSafe said it would be inappropriate for it to comment during the inquest process.

“But WorkSafe New Zealand acknowledges that this is a distressing issue for Robert Epapara’s family.

“Since it was established in December 2013, WorkSafe has had a major focus on forest safety, which has included more on-site visits and greater support to the sector to help it lift safety standards.”

The inquest started with evidence from two witnesses who saw the tree fall, and the foreman who felled the tree, which killed Mr Epapara, Major Nelson.

The Coroner has been told there were safety breaches in the forest that day, including vague communication between workers and no morning safety meeting.

In a statement read to the Coroner’s Court, Mr Nelson said Mr Epapara was his friend and colleague.

Mr Nelson felled the tree after asking a colleague via radio if Mr Epapara could be seen. He thought he had been given the all clear to cut the tree but the two witnesses gave the court conflicting accounts of whether or not they told Mr Nelson they could see Mr Epapara.

Mr Nelson was fined $50,000 last year for failing to take all practical steps to ensure worker safety. The company he part owns, Complete Logging, was ordered to pay $135,000 in a fine and reparation.

This is the fifth of eight inquests being held into deaths of forestry workers.

The sixth inquest is into the death of David McMurtrie who was killed in a forestry accident near Rotorua, his family has filed court action after a judge tried to stop them taking a private prosecution.

David McMurtrie, 49, died almost two years ago when a tree he was felling landed on him in Houpoto Forest in the Bay of Plenty.

His family has asked for a judicial review of a judge’s decision that has meant that they cannot try to prosecute the company Mr McMurtrie worked for, Maunga Waru Logging.

President of the Council of Trade Unions, Helen Kelly, said the judge ruled that the family could not act because they had left it too long and the fact they did not know they could prosecute is not an excuse.

She said the family thought Worksafe might have intended to prosecute the company, so they did not go ahead.

“This family feels that there really should have been a prosecution in relation to Dave’s death.

“And the circumstances in which he was working were unsafe and they want justice, like any family would.”

Ms Kelly said they have yet to get a date for the hearing.

The inquest into Mr McMurtrie’s death was supposed have started at the Rotorua Coroners Court, but has been put back until April by the Coroner.

Mr McMurtrie’s death is one of eight being examined by Coroner Wallace Bain.

Coroner Bain also plans to hear evidence from expert witnesses before delivering his findings into all eight deaths.