Defense Force in court, charged in the death of Corporal Lance Nicholas Kahotea

The Defense Force was taken to court after the death of Corporal Nicholas Kahotea, who was fatally injured in a training accident.

But the court heard that the existence of classified information related to special forces training could mean that the prosecution does not proceed.

The 35-year-old New Zealand Special Air Service soldier died on May 8 last year at a military installation near Papakura.

Police and the coroner investigated before WorkSafe this year filed charges against the NZDF.

The matter was first heard in Papakura District Court today and attorneys for WorkSafe and the Defense Force appeared before Judge June Jelas.

The hearing was previously postponed four times.

And the court heard that the prosecution under the Occupational Safety and Health Act may not yet proceed in the same court.

The court heard that the NZDF had provided WorkSafe with recent information that the workplace safety agency was seeking.

The court heard that both parties had hired outside attorneys.

A statement related to the relevant training activities would determine whether the prosecution could go ahead.

The court also heard that the matter may have to be referred to the Superior Court for judicial review.

Judge Jelas said it was important that the prosecution progress to some degree.

He said it would have been preferable for the Defense Forces to plead guilty today.

“I am not prepared to suspend the session any longer without some progress.”

A plea of ​​not guilty was filed and the matter was adjourned for a case review hearing on March 10.

Kahotea is believed to have jumped out of a helicopter during a counterterrorism exercise at the New Zealand Special Operations Forces (NZSOF) training center in Ardmore.

The battle training facility in the southern suburb of Auckland could be used for both scenario-based and live-fire training.

In a public notice after his death, Kahotea’s loved ones called him a esteemed son, brother, uncle, cousin, partner, and father, describing him as a dedicated professional.

According to a report to the incoming Defense Minister, the only other recent WorkSafe prosecution against the NZDF relates to the death of Able Diver Zachary Yarwood.

In that matter, the Defense Force was fined $ 288,000 on October 16 of this year.

The Navy communications technician did not respond during a training exercise in March last year and later died in hospital. I was 23 years old.