Re: Granville Accident 1977

[Neil Waller <nwaller@denr.sa.gov.au>]

> 3. The failure of criminal prosecution has been mentioned. We have
> already discussed how Philip Raymond Shirley left a history which
> points at culpability. Doubtless, if he would have been charged
> though, he would not have gone down without a fight. He would
> have taken others with him. How potentially embarrassing eh? So why
> was there a failure to launch criminal proceedings. Was there a
> good legal ground under which this could not be done? Or could we
> enter that unhealthy, rumour-driven world of speculation?
> 
> I am of the apprehension that many who were involved (as well as others
> besides) probably have had reactions to the trauma. Note how packed
> St Marks Anglican Church at Granville was at the 20th anniversary
> memorial service a bit over 12 months ago (I saw it on the news, as I
> did the event itself). Without prosecution for essentially what was
> criminal behaviour, the deliberate neglect of the railway system, I
> believe has in measure, contributed to the trauma. It has far less
> meaning than if we were able to identify the person, or persons respon-
> sible.
> 
> ...
> 
> Regards,
> 
> Vaughan Williamson
> Teacher of Electrical Engineering, Wollongong TAFE
> 
> e-mail: vaughan.williamson@tafensw.edu.au


Is it criminal or just negligence?   Criminal implies a deliberate
commission or ommission;  negligence basic stupidity or more simply
not thinking something through; and of thoughtlessness.

This comes down to the matter of government policy.

Are the good burghers of Auckland, for example, criminally liable for 
the disgraceful lack of power in that city by their carrying out of
policy or just negligent, or even idiots?   What about the management
of Mercury Energy?   Our erst-while Premier Olson assures us that
similar would not happen in South Australia with the sale of our
electricity organisations.   But how can he?


Governments are accountable to the people at the ballot box.   Very
rarely, except perhaps in Western Australia where a prison cell seems
to be reserved for outgoing premiers (or at least 2 recent outgoing
premiers) are governments held criminally liable.



-- 
Neil Waller	(nwaller@denr.sa.gov.au)
Department of Environment Heritage and Aboriginal Affairs
Telephone:	Oz: (08) 8204 9218; International: (618) 8204 9218
Mail:		GPO Box 1047, ADELAIDE 5001     Australia

Unless explicitly attributed, the opinions expressed are personal
and not those of DEHAA or the South Australian Government.