Korean Crash Investigation a Sham

Korean Crash Investigation a Sham

Despite a Judges refusal to apply restrictions to the Korean bus driver Seong Won Lee as the potentially dangerous driver awaits trial, New Zealand Police must also blame their own pitiful investigation of the Korean bus crash, say Candor Trust.

'If the investigation had been correctly conducted to established standards seen in most developed Nations, then Police could most probably have long past referred the matter to Land Transports lackadaisical Medical Division'.

The Medical Division, if furnished with sufficient information by Police and by a Dr (who they might have requested a report from), could have long ago elected to revoke the drivers passenger endorsement in theory.

They can do it now given that he still poses a risk. Risk does not need to be established per the evidence of a criminal conviction per the Land Transport Act.

Though LTNZs Medical Division does seem reluctant to alter license status without suchlike given very unimpressive statistics for actioning concerns reported (about 1% result in license status changes).

'Police could and perhaps should have made the referral nevertheless. In the interim, even today they could forbid the evidently unsafe driver to get behind the wheel indefinitely - while they belatedly submit a report of concerns to LTNZ'.

'This is perfectly do-able, using the powers granted them under section 121 of the Land Transport Act to stop obviously incapable drivers'.

The Tokoroa Judge was completely wrong to say this driver can not be stopped because that would be akin to disqualifying a (presumed) innocent man.

There exists a raft of legislation within the Land Transport Act that enables restrictions on unsafe drivers with medical diagnoses such as alcoholism or epilepsy for example.

Police do not need a Judge to rubber stamp them. Under section 121 they can yank any menace off the road, whether for minutes, hours, months or forever. It's the law as it stands.

Candor Trust is adamant that given the suspicious circumstances of the crash Police should have done the most basic of all investigations by ruling out driver intoxication as the causative factor.

A matter which would be of concern to the Medical Fitness Office if detected and reported, however they did not bother.

'Annette King (Police Minister) answered the Trusts written Parliamentary Question as regards testing on the 13th of March and confirmed that no basic screening for drugs of abuse was carried out'.

'The intoxication and drug problem factor was unable to be ruled out as Police were absolutely negligent in failing obtain a driver blood sample for toxicological analysis'.

Industry sources advise Candor this is standard protocol to fudge bus and truck investigations in this way because drug abuse is rife in the industry. It would seem to be part of 'Gentlemens agreement' to protect a scarce professional Transport Driver pool.

Another matter which Police ought have looked into and we doubt they did is the prospect that sleep apnoea may have been a factor.

Clearly drowsiness or drowsy inattention (perhaps drug related) should have been a strong contender as the cause of this traumatic crash, and the inquiry should have branched out from that awareness.

If that prospect of drowsiness or fatigue was noted on the crash report then a protocol does exists which should trigger notification to Land transports Medical Office - which can issue an urgent notice to desist from driving if risk is imminent.

Only Candor are concerned that crash investigators may not be trained to recognise that medical conditions and possibly drug abuse may be underlying.

'Any suspicions of drowsy inattention would trigger a full sleep medicine study of the driver in civilised countries - even for people who are merely sedan car drivers,' says Martin Jenkins of the Akilla Drowsy Driving Campaign.

The Campaign Against Drugs on Roads believes Police must acknowledge their charges against the bus driver may be far too minor given he may have been driving under the influence of drugs.

Akilla and Candor also believe the Director of Land Transport should stop the pussy-footing and use the powers granted him under the Land Transport Act to protect the Public's safety from the terror driver.

LTNZ must front up and finally shoulder their responsibilities for once, by suspending Seong Won Lees passenger endorsement until he has been medically cleared.

The Public has a right to know he is neither drug addicted or suffering from a sleep medical condition that would make him an unsafe passenger driver. The last thing we need is a repeat performance on State Highway 1.

'We just believe there are enough unexpected crashes wihout our society actually arranging them for future unsuspecting tourists', say Akilla and Candor Trust.

ENDS

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