The Government agency charged with alleged health and safety breaches leading up to the fatal Whakaari eruption has had its severance hearing declined by the judge presiding over the case.
This morning Judge Evangelos Thomas released his reserved decision following arguments yesterday where lawyers acting for GNS told the court it could be prejudicial to involve the agency in a greater capacity than required.
GNS had argued for severance and for a separate trial.
The agency is now only facing one charge, relating to the safety of helicopter pilots transporting GNS scientists to Whakaari, the last trip occurring several days before the eruption.
Judge Thomas told the hearing there is a real likelihood of the actions and processes of GNS being relevant in the main trial.
He says GNS argued it could “open themselves up to the possibility of cross examination on charges that they do not face themselves” which it argued could be prejudicial.
However, Judge Thomas told the court this is a judge alone trial, and a judge is "well placed to be able to apply only relevant and admissible evidence to a particular charge".
The agency also raised the costs and time involved in court to monitor the events during the main trial.
And the unnecessary work given the amount of evidence required not relevant to the charge against it.
But in his decision today Judge Thomas said GNS would have to monitor the main trial should any evidence impact its case.
Mainly, to prepare or produce witnesses compelled to testify and in case anything emerges affecting how it conducts its core business in the future.
Judge Thomas also referred to current court rosters and said, "a severed trial in Auckland would occur deep into 2024", and with a coronial inquest to come, "everyone has already waited far too long".
He refused the application and thanked counsel on both sides "for the quality" of the submissions.
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