ACCforum: Osh Acc Unjust - ACCforum

Jump to content

Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

Osh Acc Unjust OSH

#1 User is offline   accvictim 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 2
  • Joined: 04-November 03

Posted 15 September 2004 - 07:41 PM

How many of us can relate to the Berrymans plight for justice (Holmes Show 15/08/04) ?.
The Berrymans have been embroiled in a battle with OSH for the last 10yrs or so, the legal battle has left them broke and in bad health, and they also lost everthing they had worked for.

OSH is a government department run along the same lines as ACC , and is more than likely a part of ACC in some way, so we can all understand why the Berrymans have had to suffer this huge injustice.

To get compensation from this government, you have to be a prison inmate or a murderer.

The crown will never admit liability even when they are wrong and their agencies have made fatal mistakes, ruining innocent families and individuals lives.

Do You See Any Similarities in the Berrymans Case and Yours?

Attached File(s)


0

#2 User is offline   accvictim 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 2
  • Joined: 04-November 03

Posted 04 October 2004 - 02:30 PM

AN UPDATE ON THE BERRYMANS CASE, , , THE BERRYMANS HAVE NOW GOT A HIGH POWERED AUCKLAND LAWYER WORKING FOR THEM AND THE OUT-COME LOOKS GOOD , ALTHOUGH THEY HAVE LOST A GREAT DEAL OF THEIR LIVES UNDER THE STRESS OF BATTLE.

ALL THE MEMBERS OF THIS FORUM I EXPECT COULD USE A GOOD LAWYER TO GET JUSTICE FROM ACC, UNFORTUNATELY WE ARE AT A DEAD END AS WE HAVE COME AS FAR AS LEGAL AID WILL TAKE US, AND AS YOU KNOW ACC IS A LAW UNTO ITSELF AND NOT ANSWERABLE TO ANY POWERS.

GOOD LUCK,,,,BERRYMANS


Army report into bridge collapse 'destroyed'
12 January 2004


An important document about the bridge that collapsed on the King Country farm of Keith and Margaret Berryman in 1994 has been destroyed, according to court documents filed in the latest round of the saga.

The Berrymans, who lost their farm after Occupational Safety and Health prosecuted them when the bridge collapsed, killing Inglewood beekeeper Kenneth Richards, have been seeking the report through the courts as part of their fight for compensation.

They were prosecuted because authorities claimed the couple owned the bridge but they have since been able to prove it was built by the army and owned by the local council.

After the case against them collapsed, they sought compensation and mediation. The Crown Law Office has offered them $150,000 but they say legal costs and the forced sale of their farm has cost them much more.

Mr Berryman said an army inquiry into the bridge collapse resulted in a written report which the couple had never been allowed to see.

They had sought it through the High Court, but Crown Law had told the court that the original had been destroyed and only copies remained.

Crown lawyer Hamish Hancock told the court by letter that he would let the Berrymans' lawyer look at excerpts of a copy but the Berrymans would not be allowed to see it.

Mr Berryman said that was unacceptable. He was suspicious that the copy might have been altered. The original should not have been destroyed and he and his wife should be able to view it.

"This report is pivotal," Mr Berryman said. "They've sat on it for years. It must support us because, if it didn't, you can be sure they would have produced it long ago."

Mr Berryman said he wanted the issue settled by mediation rather than court action but Crown Law had rejected that.

OSH withdrew two charges against the Berrymans and the district court threw out the third but they got into serious debt repairing the bridge and through legal fees, leading to their bankruptcy. They now live in Wanganui but want their farm back or one of equal value.

http://www.stuff.co....9572a11,00.html

Attached File(s)


0

#3 Guest_IDB_*

  • Group: Guests

Posted 22 October 2004 - 12:27 PM

OSH investigation of spa death disputed

22.10.2004
1.00pm

An investigation by Occupational Safety and Health (OSH) into Rotorua's Polynesian Spa was "seriously flawed", the High Court at Auckland was told yesterday.

The hot-pool complex has pleaded not guilty to a charge laid under the Health and Safety in Employment Act after the death of Wanganui artist Joanna Paul, who was found face down in the spa's "Priest Pool" on May 27 last year.

The charge alleges the complex failed to take all practicable steps to avoid harm to Ms Paul, who was also known as Joanna Margaret Harrison.

The court was told the department decided to prosecute after it found the Polynesian Spa had failed to have any staff on the shift who were competent to provide first aid or CPR.

Also debated yesterday was the lack of supervision by staff in the area of the Priest Pool at the time of Ms Paul's death.

Counsel for the spa, Lyn Stevens, QC, told Justice Tony Randerson there were failures in the investigation and several deficiencies in the department's final report.

The department had not properly analysed what all the practicable steps were, he said.

OSH had not considered a finding by the pathologist that even if someone had carried out CPR, Ms Paul would not have survived.

No other alternative to prosecution had been considered and the inspector had not acknowledged what steps Polynesian Spa had taken after her death.

"The conclusions of the report were based almost entirely on matters which were not put to Polynesian Spa for comment," Mr Stevens said.

He said there were aspects omitted from a draft report before it was given to the spa's managing director, Martin Lobb, limiting his ability to give a full response.

There were initial concerns Ms Paul had died from hydrogen sulphide poisoning, which was based on a post-mortem report indicating elevated levels of the gas.

However, at a meeting the inspector said he was no longer interested in that aspect.

Auckland Crown solicitor Mark Woolford, is appearing on behalf of the department.

The case continues today.


Daily Post ( Rotorua)

http://www.nzherald.co.nz/storydisplay.cfm...section=general
0

#4 User is offline   aphinity 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 0
  • Joined: 13-September 04

Posted 22 October 2004 - 10:57 PM

If we were in the States, we could do a class action.

The only way we can show them up is to find DIRT.
Dirt with evidence.
Or create competition, the bastards are very much like Telecom in some ways.
0

Share this topic:


Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

1 User(s) are reading this topic
0 members, 1 guests, 0 anonymous users