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The three brothers who own New Zealand’s Whakaari White Island where 22 people died in a volcanic eruption in 2019 have had charges against them dismissed in an Auckland court.

Andrew, James and Peter Buttle, their company Whakaari Management Ltd and tour operators ID Tours NZ Ltd and Tauranga Tourism Services Ltd went on trial in July for allegedly failing to adequately protect tourists and staff.

The deadly White Island eruption.

Of those killed, 14 were Australians, five were Americans, two were New Zealanders and one was a German, with prosecutors alleging that the eruption at the popular tourist destination was not predictable but was foreseeable.

There were 47 people on the island when the volcano erupted, many of whom were badly burnt by searing gas and ash.

On Tuesday, Judge Evangelos Thomas agreed with an application by their defence lawyer James Cairney to have the charges dismissed on the grounds that prosecutors had failed to prove their case against each of the brothers. The case against the brothers’ company Whakaari Management Ltd, continues.

“There is no evidence in this case of what happened behind the boardroom door at [Whakaari Management Ltd],” Thomas said. “Without that evidence, I cannot assess what a reasonable director would have done.”

This had been the brothers’ third application to have the charges dismissed and came after WorkSafe NZ, who had brought the case against the three, concluded its evidence.

WorkSafe NZ alleged those on the island were not given warning of the risks when visiting despite the volcano having had 42 “eruptive periods” since colonial records began in 1826.

This included an eruption in April 2016 at night when no one was on the island, which prosecutors alleged, should have prompted the owners to review the risk.

The court will hear on Wednesday an application from tour operators ID Tours NZ and Tauranga Tourism Services to have the cases against them dismissed.

WorkSafe NZ charged 13 parties in November 2020 but six of them, including the helicopter and boat tour operators, pleaded guilty. Charges against New Zealand’s National Emergency Management Agency were dismissed. Five parties, including the three brothers, pleaded not guilty.

Stuff.co.nz, Reuters

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