No charges for C.T.V. building engineers


CTV building before 22 February 2011 and after (PHOTO: 3 NEWS)

At 1251 hours 22 February 2011 in an earthquake that could be technically classified as an aftershock of the 04 September 2010 magnitude 7.1 Canterbury earthquake, the Canterbury Television building on Madras Street, Christchurch collapsed. 115 people lost their lives. Investigations into who knew what about the status of the building found three people potentially culpable for its failure.

The C.T.V. building right from its design and construction was a fundamentally flawed building. On 26 December 2010, a violent magnitude 5.0 aftershock struck right under central Christchurch. Afterwards the C.T.V. building was given a second green sticker, siginalling it had been inspected and no damage likely to threaten the integrity of the building or peoples safety had been detected. This was a fatal mistake.

Today however, the New Zealand Police announced that they were not going to charge anyone over the C.T.V. building failure. The reasons given were:

  1. The threshhold of culpability with the probable charge of manslaughter was too high – the Crown had to prove that the conduct of any defendant charged was so bad as to warrant the distinction of being considered a serious crime
  2. The length of time that had passed between building and the deaths occurring

I accept that the threshhold required to prosecute in negligent manslaughter is very high. To do so one must be able to prove that the building would have failed if it were not for the design flaws.

However there are people who should have been looked at more closely than they were:

  1. Gerald Shirtcliffe (William Fisher), who faked a whole degree based another William Fisher in England who had finished a degree in civil engineering – completely unqualified to be working in the building industry at all and known to have made serious errors in his supervision of the C.T.V. building’s construction
  2. Alan Reay, who designed the building was working out of his depth and knew it
  3. David Harding, the engineer who was employed by Alan Reay Consultants failed to disclose at an Institute of Professional Engineers New Zealand disciplinary hearing his involvement in the C.T.V. building design

I further think that the building code in 1986 was probably strict enough that if followed, the building might have still had deaths in it, but not a catastrophic collapse killing 115 people. Then the specifications set down in the then building code would have designed with the understanding that Christchurch is not immune to earthquakes, that seismic waves can be amplified passing through certain strata and that the seismic waves also induce vertical movement as well as side to side shaking.

A case does exist, nonetheless for amending the law to enable such suggested prosecutions to happen. The investigation should be conducted with the support of a technical expert – qualified I.P.E.N.Z. registered engineer, or other suitable person – who shall have access to whatever files are relevant.

It will not bring back the dead. It will not change the fact that on the day of the quake there was also uncertainty about who should be leading the rescue effort. But it will hopefully ensure that the C.T.V. failure on 22 February 2011 is the last of its kind in New Zealand and that New Zealanders pay due regard to such matters in the future.

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