1 Sep 2020

Widow describes legal fight as 'David and Goliath' battle

9:53 am on 1 September 2020

A woman whose husband was killed in a heli-skiing crash six years ago says her long fight through the justice system felt like a "David and Goliath" battle.

Adelle Box sits at a table at home in Auckland

Adelle Box lost her husband, Jerome, in the 2014 Mount Alta Helicopter crash Photo: ( RNZ / Peter Newport )

Adelle Box represented herself at a coronial inquest into the death of her husband Jerome, crushed by a chopper in Wanaka in August 2014.

She had been quoted $150,000 for legal representation at the hearing so decided to go up against several high-powered lawyers herself.

By June's inquest, she and her children Xavier and Briana had already been through official investigations and a civil prosecution not finalised until March 2018.

The elongated court process, exacerbated by what Adelle coins a 'delay, defer deny' defence, was revictimising for the family, she said.

"The system in New Zealand is such that we have no rights as the victims to actually speed up that process.

"I followed it extremely closely because I was surprised at how revictimising it was and I guess in a sense quite cruel."

Jerome was crushed under the cabin of a Squirrel chopper when it crashed and rolled down a slope on Mt Alta in August 2014.

The helicopter had been overloaded and the pilot, operator The Helicopter Line's safety practices and the culture of the industry have since been extensively criticised.

Crumpled helicopter on the snow

Jerome Box was killed when the helicopter he was a passenger in crashed near Wanaka in 2014. Photo: ( Supplied / TAIC )

Adelle said she had already spent $60,000 on legal fees to determine how she should best proceed with the coronial inquest before the day arrived.

In the end, she chose to represent herself after being quoted $150,000 for legal representation for the week-long hearing.

She said it feels unfair victims - through no fault of their own - have to bear a large financial burden to be fully informed.

"The full cost of being legally informed is on us with no ability to get compensation for that cost.

"Whereas I believe The Helicopter Line's legal team was paid for by insurers. So it feels like a bit of a David and Goliath situation."

Families can apply for legal aid for inquests but there are threshold tests long-criticised as too low.

A photo of the couple standing close

Jerome and Adelle Box Photo: ( Supplied )

If a family isn't eligible for legal aid and can't afford a lawyer there is still scope for their voice to be heard if the coroner appoints a lawyer to assist them.

Chief Coroner Judge Deborah Marshall said this lawyer acts for the coroner as it's their investigation, but can also act as an intermediary for a family.

"We don't leave it to the family. It's not a process where the parties present their case; it's the coroner's case, the coroner's investigation and the coroner's inquest.

"So we gather the information we think we need but if the family are not represented then we would have someone there who can assist them."

However, Adelle said representing herself, and getting to the bottom of her husband's death herself, was a part of the fabric of who she is.

She said representing herself at the inquest was at times cathartic - even empowering - but she was also processing palpable grief.

This came to a head on the second day of the inquest as she pursued a question line about seatbelts in helicopters.

"I just suddenly had a flashing image of Jerome rolling to his death which happens every now and then.

"I have a bit of PTSD from the experience and I just couldn't go on so the coroner closed the court down for the rest of the day which was very kind."

It's not the first time Justice Minister Andrew Little has heard of a case like Adelle's and he says it's not fair families are up against high-powered lawyers in cases where they are the victim.

"I know coroners will say the inquiry is their inquiry, they're assisted by the police who gather all the relevant information, but the reality is a lot of families have questions they don't think the evidence gathered by the police answers.

"And when you've got other parties involved who are represented, often very well represented because they're organisations or professionals with deep pockets, it's unfair for families to not have at least some sense of equivalent representation."

Little said he's keen to see changes in this area but it will take time, having lost out on a bid to have better financial support for victims remedied in the last Budget.

Coroner Sue Johnson is yet to release her findings in Jerome Box's case.

Get the RNZ app

for ad-free news and current affairs