Summarised by Centrist
An Auckland hazardous substances company, Salters Cartage Limited (SCL), and its owner Ronald Salter will forfeit $4 million under New Zealand’s Criminal Proceeds (Recovery) Act.
This settlement follows an explosion in 2015 that killed Jamey Bowring, a 24-year-old contractor. The explosion occurred while Bowring was welding on top of a tank, resulting in his death after being thrown 130 metres.
Salter and his company were convicted of six charges relating to health and safety violations. WorkSafe had already fined SCL $258,750 and Salter personally $25,000 in 2017, but police later pursued the case under the CPRA, arguing they financially benefited from their hazardous practices.
Detective Inspector Lloyd Schmid stated, “SCL failed to ensure the safety of its site and Salter financially benefited from those very failings.”
Bowring’s mother, Sarah Ferguson, criticised Salter’s actions, stating, “This case was more than just paperwork gone wrong; it was about repeatedly victimising Jamey and our family.” She expressed relief at the settlement, hoping it brings some peace.
Police clarified that they do not intend to routinely use the CPRA for health and safety violations, but this case’s unique circumstances, including a fatality, warranted its application.
Editor’s note: This is a unique application of the forfeiture law. Whether it accords with a general sense of justice, or overreach by the Crown, very much depends on the facts. They are not known, since the case did not proceed. But the forfeiture, by agreement, is suggestive of the accused thinking there was a risk of worse if a trial was held.
