Allegations of Abuse in Institutions


Waiouru (NZ Army) - Index


(1) Oct 3-5 2004 Index

 



NZ Herald
October 5 2004

'We want justice for our brother'
by Nicola Boyes

Te Awamutu brothers Murray and Bruce Bain have fought for 23 years to get justice for their little brother.

Grant Bain was 17 when he was threatened with a loaded .223 rifle and shot in the neck at the barracks of the Army's Waiouru cadet school.

They say they will never accept the fact that the cadet responsible was charged only with causing death by carelessly misusing a firearm.

It was February 13, 1981, when corporal Andrew William Read, 17, threatened Grant. Grant pushed the gun away and it fired.

Police charged Read with careless use of a firearm, he pleaded guilty and received a $200 fine and 200 hours' community service.

His community service was done at the Waiouru Army golf course and Read faced no other disciplinary action. Attempts by the Herald to contact Read have proved fruitless.

But Grant's brothers have always said the Army covered up their brother's death.

Now the detective who interviewed and charged Read has told the Herald Read should have faced a charge of manslaughter but his superior in the police, the late Detective Senior Sergeant Rob Butler, would not allow it.

Retired Detective Sergeant Piers Hunt says the charge never sat well with him.

"It was pretty straightforward. Even if it was an accident, his use of the firearm [in pointing it at Grant] was unlawful.

"He did it as a deliberate act. It wasn't two hunters climbing through a fence and the firearm accidentally goes off."

Herald reports from the time show the judge at Read's sentencing, Judge D. Lowe, felt a more appropriate charge could have been laid. Judge Lowe said everyone knew a rifle should not be pointed at anyone.

It was reported Read's defence counsel, S. J. Taylor, said Read had "sincerely believed the round to be dead".

There had been no animosity between the two. Mr Taylor said the incident was "high-spiritedness, but gross irresponsibility".

A former military police officer, Lance Corporal Pete Patterson, who was in charge of Grant's body after the shooting, said Read had loaded an M16 rifle with a live round, from which he had removed the nose, and fired it at another cadet's arm earlier the same day.

The cadet was peppered with gunpowder.

"They [the Army] covered up lots of things. I sat there for a whole night looking at this young boy's dead body and I was only a young guy myself."

Grant Bain's brother Murray, a former cadet who rose to lance corporal at the Trentham Army base, says beatings and night raids in the barracks were part of cadet life when he went through the school in 1978.

He started investigating his brother's death after being told the Army was using a picture of Grant dead on the barracks floor as a training aid.

The Army had told his family Grant had died while doctors tried to save him in hospital.

Murray Bain says the family were never told about the charge Read faced.

"We were having his funeral the day the court case was on," said Mr Bain.

Over the past three years Mr Bain has battled through the Ombudsman to get the Army files which detail concerns about violence at the school and that the barracks were being supervised by senior cadets who were "boys themselves".

Bruce Bain says the family want acknowledgement of what the cadet school and Read did to Grant.

Murray Bain met Read the day he killed Grant.

He was on a training exercise at Waiouru from Trentham and visited Grant at the cadet school on his way home for weekend leave, asking if he wanted anything.

"He said he wanted his rugby boots. He said 'meet my room commander'. I shook his hand."