Murder should both be charged. Has the contractor a conscience?

Question

http://nz.news.yahoo.com//070529/3/jpj.html
Woman dies after power company cuts her off

Photo : NZPA
Police have spoken to the family of a woman who died soon after a power company shut off power to her home oxygen machine.

Mangere woman Folole Muliaga, 44, was an early childhood teacher and mother of four children aged from five to 18.

A relative who married into Mrs Muliaga's family, Brenden Sheehan, told NZPA she had been off work since February with an illness.

Mrs Muliaga's husband Lopa, a chef's assistant, had been forced to reduce his work hours in order to care for her.

The family had been in New Zealand for six years, and were confident English speakers, Mr Sheehan said.

When a Mercury Energy representative arrived to cut the power supply, the family had explained the circumstances, and had brought the person inside the house to show the representative the oxygen machine, he said.

"They didn't (have a medical certificate) at that moment in time. They clearly could have got one had they been given an opportunity to do so."

Mr Sheehan said police had talked this morning to the family, who expected to be interviewed again later today.

Auckland law lecturer Bill Hodge said today if what the family said was true the contractor could face a manslaughter charge.

Today Inspector Bruce Bird, area commander for Counties Manukau west, said today police would investigate the death.

"We will have a look at the whole circumstances...and make a decision on what the facts tell us and review that.

It was too early early to speculate on what, if any charges, may be laid.

Mercury Energy general manager James Moulder said the company was devastated by the woman's death but would not say how much money was owed on the power bill.

"I don't talk about customer arrangements with anyone but customers."

He said the company had expressed its deep condolences to the family.

"We are incredibly remorseful.

"We are now working through just to understand exactly what did occur."

He said he had heard the suggestion the power was cut off in spite of the protestations of the family.

"We haven't verified that internally ourselves yet.

"I can't really comment on something I am not 100 percent sure on."

He said the company was still talking to contractors and getting details.

Mr Moulder said if there was an "issue", the contractor or disconnect agent should call Mercury before the power was cut off.

"We do have procedures in place to deal with medical emergencies or issues of hardship."

He said Mercury's procedures were clear.

"If the event there is a medical reason the person needs power, then the disconnect processes are quite different," Mr Moulder said.

Mr Moulder said he had offered Mr Sheehan and the family his personal condolences.

"They were received as you would expect but obviously it is an extremely trying time.

"This is an absolute tragedy. We are as devastated as anyone about what has occurred."

Although Mr Moulder would not talk about how much money was owed, it may have been only a month or two of power.

He said generally after a bill was sent, it should be paid within 21 days.

Ten to 14 days after that 21-day period a reminder notice was sent and seven to 10 days after that the next month's bill would include a "message saying that the previous month was overdue, please pay otherwise disconnection will occur.

"Seven days after that we send a final disconnect (notice) saying if you don't pay within 48 hours you power is going to be disconnected."

Mr Moulder said that meant disconnection was likely more than a month or six weeks after the initial 21-day period given to pay the bill.

"We always arrange to disconnect while people are on the premises as well. We disconnect in the morning so we can reconnect soon afterwards in the afternoon if payment has been made," he said.

Power was restored to the house about 8am today.

A spokeswoman for State Owned Enterprises Minister Trevor Mallard said he was concerned by the death.

"The minister is taking this incident extremely seriously and will be demanding accountability," she said.

"He has asked for an urgent report from the SOE."

Green Party MP Sue Bradford called for a public inquiry into the death describing the decision to cut the power as ``mercenary''.

``Is there no social responsibility requirement? No code of conduct? Listening to the company spokesperson this morning it would seem the company sees it as entirely the responsibility of the consumer to make contact, provide documentation and argue their right to be allowed to live,'' she said.

``Surely there is some flexibility to use compassion and common sense in this type of very rare situation.

Answer 1

The way I see it...both the contractor and company is responsible for this woman's death....a crime of murder has been committed....the charge of manslaughter should not apply to this case.... manslaughter would imply that this woman's death was not planned or intentional...since a contractor was present at the house .. seen first hand the circumstance and was informed of this woman's needs...this knowledge speaks of a greater crime than manslaughter ..they knowingly turned off a life support machine...that is premeditated murder... not manslaughter......

The company may not have had first hand accounts of the particulars but it makes them no less responsible..when they hired the contractors they became responsible for the contractors actions..it is their job and responsibility to know what these contractors are doing ....at least this is how it works in my country........

I truly am sorry for this woman and her family.....the pitiful part is ..no matter what compensation they might receive or jail time given to those responsible..it will not bring this woman back..there really is no way to correct this wrong...the best thing that can possibly come out of this horrific event..is if the government of New Zealand passes laws to keep this from ever happening again ......

and no..the contractor had no conscience..if they did..they could never have turn off this woman's life support.........

Answer 2

There is no doubt in my mind that the contractor has no conscience and from what I read here he should be charged with murder.
There is no excuse for that sort of thing, and if Mercury were proven to know of the woman's condition and told the contractor to go ahead, they too should be charged.

Answer 3

Yeah I wonder about the contractor. I could not do that job knowing that it was going to kill someone. I mean the company has a policy that forbids that sort of thing and then they go and do it anyway. I think some sort of charges should be laid or compensation given.

Answer 4

I would imagine both be trial to see who could have done it. But since there aren't much evidence, maybe they be investigated using a lie detector? In most cases like these where they can't be solve, both Jack and Bob will be put under suspect. If they are being suspected for too long, then they will be on probation for a time limit.

Answer 5

I would say the contractor is in a bit of trouble....., he should not have turned it off if someone is on a life saving machine. He should have handed the problem over to the company to sort out.

Answer 6

I'd say the contractor is the one at fault & that he is pretty heartless & he should be charged