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Source: NZPA / Ross Setford
An explosives handler frustrated with the bureaucracy for moving dangerous goods tried to sneak a potentially catastrophic amount of explosives on to an inter-island ferry.
Allan Herbert Tod, 67, of Raetihi, did not do the paperwork to take the 663kg of blasting explosive on to the 2.25am sailing on August 15, 2010.
Police found out about his booking, under another name, for a four-wheel drive and trailer, knew it was likely to contain explosives and stopped him before he drove on to the ship.
Tod pleaded guilty to charges of criminal nuisance, failing to correctly identify his load, failing to give the master of the ship the required dangerous goods declaration, failing to placard his vehicle to warn of the dangerous load and failing to carry dangerous goods documentation.
He was sentenced in the High Court at Wellington today to 300 hours community work and a $5000 fine.
Tod was taking the explosive- a mix of ammonium nitrate and fuel oil - to help control avalanches at Mt Hutt ski-field. He worked part time for a business specialising in avalanche control.
His lawyer, Debbie Goodlet, said there was a very low level risk of the load detonating and no detonators were carried with it.
Mt Hutt had used up its stock of explosives during a period when avalanches were a high risk and more was needed to keep the ski-field open and safe, she said.
A booking on the ferry should have been made three weeks before the intended crossing and only specified early-morning sailings carry such loads.
While the prosecutor Tom Gilbert had pointed to convenience and cost-saving as being the main reasons for Tod failing to follow the rules, Tod had told the authorities it was sheer frustration with the bureaucracy involved in transporting explosives.
The prosecution produced evidence that had the load exploded it would have been enough to sink the ferry.
Justice Alan MacKenzie said the potential for harm had been enormous but the extent of the risk that there might have been an explosion was much less clear.
He rejected a prosecution submission that the sentencing process should begin from a six to nine month jail term.
The maximum penalties were one-year jail and a $10,000 fine.
The judge said 300 hours community work and a $5000 fine met the needs to denounce Tod's offending and deter others.
The court was told it was that no other cases had been found involving similar offending that could give guidance in the sentencing.
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