Magisterial rap for Mines head

Press, 20 July 1977, Page 2

Magisterial rap for Mines head

Westport reporter

A Christchurch circuit magistrate, Mr F. G. Paterson, S.M., criticised the Sec- ■ retary of Mines (Mr I. Dick) 'in the Magistrate’s Court at Wertport yesterday. The criticism came when the Court w’as told that Mr; Dick had dismissed a Den-' niston mine deputy, Mr Harry Swan, for an alleged breach of mining regulations {before his case came to Court.

Swan, two miners, and a shot-firer were charged with breaches of the regulations by the Chief Inspector of {Mines (Mr T. M. V. Brazil) ■after an incident at the Sul- ; livan mine, Denniston, on February 14. The miners, Alan Neighi hours and Joseph Erwin Izampach, were convicted [and fined $lO each when they pleaded guilty to [charges of illegally charging .and firing shots at the mine. ; : The shot-firer, Edmund Stephen Hunt, was convicted and fined $5 for failing to| keep proper control of det-1 onators issued to him, and Swan was convicted and fined $lO for failing to keep a shot-firing handle in his personal custody and $5 for failing to keep proper control

over detonators issued to him. Mr A. D. Orchard, the prosecuting counsel, saj the mine manager, William Brazil found Neighbour- and Zampach firing shots without supervision on the day in question. The two men, and Hunt and Swan, freelv 'admitted breaching the regulations. { Mr B. L. Lovell, for Swan, inoted that such prosecutions were rare, and said he felt the charges had been brought as a warning. The men involved were experienced and the shots had been fired because Swan was delayed in another section of the mine. What concerned him was that the Secretary of Mines had advised Swan on April 13 that he w’as to be dismissed because of his breach of regulations — before the charges were even laid. “The Mines Secretary obviously did not consider it necessary to wait for this [Court,” said Mr Lovell.

The Magistrate agreed that the department’s attitude was “most unusual.” He said he “did not, like” the way the Secretary of Mines had acted. He was not a judicial officer, and should have waited for the Court to determine whether there was a basis for the charges.