After four days of evidence heard in the Queenstown District Court this week, the Maritime New Zealand prosecution of river-boarding company Black Sheep Adventures Ltd and its managing director Brad McLeod was adjourned yesterday, in the hope the prosecution and defence would reach "an outcome" by Monday.
The hearing arose after a Maritime New Zealand investigation into the drowning of English tourist Emily Jordan (21), while on a river-boarding trip with Mad Dog River Boarding on the Kawarau River on April 29, 2008.
Ms Jordan drifted out of alignment as her group floated past a large rock in a swift current and became entrapped against it.
It took about 20min to free her, despite repeated efforts by the three Mad Dog guides and others from another company.
Black Sheep Adventures Ltd, which trades as Mad Dog River Boarding, and McLeod have been charged with three Health and Safety in Employment Act 1992 charges of failing to take all practicable steps to ensure the safety of Ms Jordan's, their employees' and other customers' safety.
Over the past week, Judge Brian Callaghan was presented with evidence from prosecution witnesses seeking to show the "practicable steps" Maritime New Zealand believed Black Sheep Adventures Ltd could have taken to provide better safety.
The prosecution evidence has been that guides should have carried ropes and carabiners, which would have helped extract Ms Jordan from her position, pinned underwater against the "incident rock" in Frogz Eddy near the Roaring Meg Power Station.
It also argued the company's safety briefings should have given participants a better idea of the danger of the activity; its operational safety plan did not provide clear guidelines to mitigate hazards; and a support vessel, such as the company's jet ski or a kayak, could have been used to direct clients past hazards during the incident and rescue effort.
At the beginning of the hearing on Monday, Maritime New Zealand investigator and health and safety inspector Bruce McLeod presented a DVD with footage of jet skis and inflatable kayaks being used on the section of the Kawarau River where Ms Jordan was entrapped.
It also showed Maritime New Zealand's white-water sports expert witness, Donald Calder, demonstrating the use of a throw bag, a rescue device with a rope stuffed loosely into a bag, at the site.
Having been called to give evidence relating to the day's events, former Mad Dog operations manager Nicholas Kendrick said the company had improved and updated its safety policies since he started working there six years ago.
However, Mr Calder said the company's position that carrying ropes could cause an entanglement hazard in the river was far outweighed by the benefits of a rope in a rescue situation, and ropes could be cut with knives.
Having ropes and knowing how to use them may have changed the outcome, he said.
The company's jet ski could have provided another platform from which to pull Ms Jordan during the rescue.
River hazards had been noted, but there were no ways to mitigate or avoid the hazards noted in the operational safety plan, Mr Calder said.
While there had been safety briefings on the bus journey to the river, Ms Jordan's boyfriend, Jonathan Armour, and another client, Anne Nichols, told the court via video links that the tone had not been serious and, if they had been aware of the real risks, they might not have gone river boarding.
Ms Nichols said she had not been prepared for the reality of the river.
Yesterday, on the fifth day of the proceedings, the presentation of the prosecution's evidence was halted as a series of meetings were held between Maritime New Zealand representatives, the prosecution and defence lawyers and McLeod.
About midday, Maritime New Zealand prosecuting counsel Brent Stanaway told Judge Brian Callaghan both parties had agreed to apply for an adjournment until noon on Monday.
Mr Stanaway said the matter was "likely to be resolved" at that point, with "an outcome" at the hearing.
Judge Callaghan agreed to the adjournment.
The defence is yet to begin presenting its case.
