CTV families demand law changes to stop people 'getting away with murder'

Sunday, 17 December 2017

Relatives of those killed in the CTV building collapse are demanding a raft of legal reforms to protect the rights of victims.

Families fighting for justice for the victims of the Canterbury Television (CTV) building collapse have demanded changes in the law to close up 'cracks' they say have allowed people to 'get away with murder'.

Relatives and friends of those who died presented Justice Minister Andrew Little with a raft of documents calling for amendments to three laws to protect the rights of victims and their families in similar situations.

The Canterbury Television (CTV) collapsed in the February 2011 earthquake, with the loss of 115 lives.

Despite a $1.2 million investigation lasting three years, police last month announced they would not pursue criminal charges against engineer David Harding or his boss Alan Reay over design deficiencies in the Madras St building that contributed to its collapse.

The decision was a major blow to the families, and following the meeting with Little in Christchurch on Sunday they said a judicial review to challenge it remained on the table.

The decision not to prosecute devastated those like Maan Alkaisi, who lost his wife Maysoon Abbas in the tragedy.

Speaking to Stuff afterwards, Maan Alkaisi, whose wife Maysoon Abbas was among the 115 killed when the building came down in the February 2011 earthquake, said: 'After seven years we are still fighting, which means something is wrong.

'There are lots of cracks in our legal system that [mean] you can essentially get away with murder, and we want to fix that.'

Protesters held a peaceful protest last weekend against the decision, saying they owed it loved ones to fight for justice.

The conversation with Little gave relatives hope following a 'disappointing' meeting with police, Christchurch Crown Prosecutor Mark Zarifeh and Deputy Solicitor-General Brendan Horsley on Thursday, Alkaisi said, with the minister promising he would 'do his best' to help them.

'He is definitely open up to reforms. He said he will consult the families to know exactly what problems they face, and will learn from that and will try and change the law where possible to address these issues.

Alkaisi said he was is determined to fight because he believes the decision is '100 per cent wrong'.

'He believes something went wrong and it has to be fixed…

'It was really very productive – he listened, he understood all the points we raised, he almost was in agreement with all the points that we mentioned.'

Detective Superintendent Peter Read, left, and Canterbury district commander Superintendent John Price at a press conference about the police's decision not to charge anyone over the collapse of the CTV building.

Alkaisi said the families are demanding changes to the Law Reform Act 1936, which he said prevents relatives of the deceased claiming exemplary damages.

They also want reform of the Accident Compensation Act 2001, which they say can bar claims for declarations of wrongdoing in cases involving personal injury, and amendments to the Building Act 2004 to change limitations in timeframes over accountability that can prevent cases being brought before the courts.

The CTV site, on the corner of Madras and Cashel streets, pictured here on the sixth anniversary of the earthquake earlier this year.

The meeting with the police and Deputy Solicitor-General – who Alkaisi said was unable to defend his decision not to prosecute – has spurred the professor on to find a solution.

'One of the criteria used by the Deputy Solicitor-General is that there is a time limit of one year, one day, which goes back to 1278.

'It doesn't really tell a good story about the whole legal system. What else does they have hidden from a thousand years ago that we're not aware of?' said Alkaisi.

He added: '[The meeting] made me more determined to fight because I know now 100 per cent they were wrong.'

Comparing the plight of the CTV families to those of the Pike River mining disaster, Alkaisi laid down the gauntlet to Prime Minister Jacinda Ardern, who will meet relatives in the new year.

'It's an opportunity for the new government to fix these things because we definitely have something wrong here.

'If there is another incident like Pike River, like the CTV building collapse, there will be exactly the same suffering and problems and no solution, and this is not acceptable.

'We should learn from these experiences and prevent this from happening again.

'The discussion we will have with the prime minister will reinforce the issues we raised with the justice minister and we will ask for action.'