Police and Crown Law have now reviewed the statement issued by Professor Maan Alkaisi on 11 April about the decision to not bring a prosecution regarding the collapse of the CTV building.
The decision not to prosecute was made by Police after considering the advice of the Christchurch Crown Solicitor and the Deputy Solicitor-General and meeting with them to discuss that advice.
It's still the Police position that the decision not to prosecute was correct when all of the relevant evidence and opinions are taken into account, not just individual pieces of information.
Professor Alkaisi states that the Deputy Solicitor-General “did not appear to be aware of all the relevant facts” regarding the decision. He highlighted in particular two matters which he states were “opportunities” to rectify design problems in the building, and which he believes the Deputy Solicitor-General was not aware of.
Both of these matters were expressly considered by the Crown Solicitor in his report and the Deputy Solicitor-General in his peer review.
Those matters were also addressed in the Canterbury Earthquake Royal Commission (CERC) report, the Beca report and the Police report, all of which were considered as part of the investigation and decision making process.
Police, the Crown Solicitor and the Deputy Solicitor-General are satisfied that all relevant information was taken into account.
Police fully agree there were significant deficiencies in the building’s design.
These were highlighted by the Royal Commission and the police investigation, as well as the expert opinions sought as part of the investigation.
However the Deputy Solicitor-General and ultimately the Crown Solicitor and Police considered the evidential test was not met.
Police concluded, and remain satisfied, that there was no reasonable prospect of obtaining a conviction in this case, says Detective Superintendent Peter Read.
"We again acknowledge and understand that this has been a very difficult decision for the families of the CTV victims.
"We have tried to be as open and transparent as we can in publishing information to assist in their understanding of the complex, technical issues involved."