An Auckland hazardous substances business and its owner will forfeit $4 million under the Criminal Proceeds (Recovery) Act (CPRA) to settle a case taken by police in the wake of an explosion that killed a young contract worker in 2015.
Jamey Bowring, 24, was working as a contractor at Salters Cartage Limited (SCL) in Wiri when he was killed after a tank exploded.
A WorkSafe statement from 2017 said Bowring was welding and grinding on top of the 96,000 litre capacity tank when it blew up, “throwing Mr Bowring 130 metres into a nearby car yard and killing him”.
As part of that WorkSafe action in 2017 SCL was fined $258,750, Salter was fined $25,000 and sentenced to four-and-a-half months home detention and the contractor who employed Bowring, Race Works Limited, was convicted and discharged without penalty.
Today, a police spokesperson said: “SLC 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 SLC and Mr 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, parties entered into settlement discussions shortly after the Commissioner opened his case.
“Today, the High Court in Auckland approved a settlement that will see SLC and Mr Salter jointly forfeiting $4 million.”
Financial Crime Group Detective Inspector Lloyd Schmid said the business and owner benefited from their 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.
“This result has been a long time coming and we hope it provides some peace to Jamey’s loved ones.”
‘A case of a man and his company continually revictimising Jamey and our family’
Bowring’s mother, Sarah Ferguson, issued a statement: “This case was so much more than someone getting some paperwork wrong.
“It was a case of a man and his company continually revictimising 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.”
She continued: “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.”
‘No intent to use the CPRA routinely’
Schmid said police were aware of concerns in 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,” he said.
“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.
“Police will however consider any future cases on a case-by-case basis.”
