Charges fail over 8m fall from helicopter
Charges laid against the Defence Force after an SAS trooper fell to his death from a helicopter, have been dismissed.
Lance Corporal Nicholas Kahotea was taking part in a joint exercise with the United States military in May 2019.
It involved jumping from a Black Hawk helicopter on to the roof of a building at night.
The 35-year-old stepped out, then fell about 8 metres on to concrete at the SAS training facility in the South Auckland suburb of Ardmore. He later died in hospital.
WorkSafe charged the Defence Force with failing to ensure the health and safety of its worker.
But yesterday, Justice Timothy Brewer formally dismissed the charge against the Defence Force.
Justice Brewer said his ruling made no finding in relation to the causes of Kahotea’s death and that would be for a court of inquiry.
‘‘First I want to acknowledge Lance Corporal Kahotea’s whānau. Your kinsman was an elite soldier . . . We should all be grateful for his service. I certainly am.’’ Justice Brewer formally discharged the Defence Force of the charges in open court.
In his September judgment, Justice Brewer ruled there were exemptions for certain types of armed services during high-level exercises. ‘‘They exist to do dangerous things in dangerous environments, in New Zealand and overseas. They need to train to do those dangerous things.’’ Kahotea, was an experienced member of the SAS.
He joined the army in 2006 as a Royal New Zealand Engineer, with an initial posting to the 1st New Zealand Special Air Service Regiment as a specialist searcher in 2008.
Kahotea completed NZSAS selection and was badged as an NZSAS operator in December 2014. He went on to serve in Afghanistan.
A family spokesman previously told Stuff Kahotea would be remembered every day by those who love him.
‘‘His service is a credit to both his immediate and wider family members.
‘‘His commitment to his career with the army allowed him to do what he always wanted and loved doing. Whilst we remain deeply saddened at his loss, we are extremely proud of his achievements.’’