Media Release

25 October 2012

Pike River CEO enters not guilty pleas

This media release is issued by Minter Ellison Rudd Watts, lawyers for Peter Whittall, who was the CEO of Pike River Coal Ltd (now in receivership) at the time of the tragic explosion at Pike River’s coal mine on 19 November 2010. Mr Whittall appeared in the Greymouth District Court this morning and entered not guilty pleas to each of the charges brought under the Health and Safety in Employment Act against him by the Department of Labour.

The pleas of not guilty entered this morning by Mr Whittall speak for themselves. They mean that the charges laid are to be defended.

The pleas reflect that Mr Whittall does not accept the validity of any of the allegations made against him by the Department of Labour. The allegations will have to be tested by evidence to be heard in court and will be challenged with all the means at Mr Whittall’s disposal.

The charges Mr Whittall faces are all brought under the Health and Safety in Employment Act. They are allegations that there were shortcomings in the steps taken by Pike River to ensure the safety of its workers engaged in the mine.

It is critical to note that the charges do not allege, either directly or indirectly, that either Pike River or Mr Whittall caused the deaths of the 29 men tragically killed.

Mr Whittall has always been acutely aware of the losses suffered by others in the Pike River tragedy. He has been a coal miner all his life. He relates to, and identifies himself with, coal miners. He would never do anything or take any decisions which would endanger those with whom he worked.

At the time of the tragic explosions, Mr Whittall was the Chief Executive Officer based at Pike River’s corporate office in Wellington. Mr Whittall had held the position of Chief Executive Officer for only seven weeks at the time of the explosions.

Unlike others, he chose to remain in New Zealand to co-operate with all the organisations involved in dealing with the aftermath of the explosions and the subsequent investigations.

Also unlike others, he has been unemployed since being made redundant by Pike River in 2011.

Mr Whittall has asked us to convey the following personal statement:

“As I have said often in the past, I am deeply sorry for the losses that the Pike River families have suffered. I am very sorry that this tragedy ever occurred as it has affected the lives of so many good people.

On the separate matter of the Department of Labour charges, I am looking to move forward with these as they are also taking a huge toll on everyone involved, including me and my family.”

There has been a lot of comment in the media, much of it lacking balance. In part, this is because Mr Whittall, on advice from us and Mr Grieve QC, has not made statements to the media about the proceedings. As the matter is now before the Court, it is inappropriate for any comment about the proceedings to be made by any person.

It is the law of this country that people accused of offences are innocent until the charges are proved beyond reasonable doubt. As of now, Mr Whittall is innocent of all the charges and is entitled to be treated accordingly.

ENDS

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