Chuck wrote:I am interested to understand why you think it is "selective enforcement".
I think it's been selectively applied because the person charged came from Victoria and the charges would not have stood up in court (the regulations specifically provide that an activity which is permitted by the Plan of Management can't form the basis of the charge,) and when I mentioned this in Facebook comments the comments were deleted and I was blocked from further comments.
I think it's selective because I've seen other instances of this kind of thing with no charges preferred, and I don't trust that the published information was complete.
Chuck wrote:I do agree that on the surface the relevant section of the regulation is broad. However I don't agree that "any person" could be charged. The offence still has to be proven in court. Whether it is actually tested or not, the evidence still has to exist.
It is extremely broad. The regulation provides that any person whose actions put anyone at any risk in a NP is guilty of the offence. I can't imagine any action which is immune from that, saving the explicit exclusions of caving and an activity permitted by the plan of management. If what Mr.Naan was doing wasn't a permitted activity, then no bushwalking is immune from prosecution. I want to stress that the activity doesn't have to be negligent or reckless to be illegal (remarkably, there is no such qualification in the regulation) it's
ANY activity which puts someone at risk.
Any law which is so completely broad, so totally open to completely subjective interpretation, which makes it a crime merely to be at risk, regardless of whether the risk is properly managed or not, and which leaves it completely to the discretion of the Police to criminalise an otherwise legal activity, is simply begging for selective enforcement.
I think that one crucial piece of information was left out of the press release. We were given a series of allegations (that his route was unrealistic, that his provisions were insufficient, that he wasn't sufficiently injured) and the fact he was charged. We were not explicitly told which alleged circumstances were considered evidence of the offence - we weren't given the Police case, but were given a bunch of suggestive allegations and invited to draw conclusions.
Chuck wrote:I think the fact that very few people have been fined/charged offers comfort for the average hiker/outdoor adventurer who is well intentioned and does the right thing. The police involved in the recent incident in the Blue Mountains said themselves (through their facebook page) that the decision to take such action isn't taken lightly and is only taken in extreme circumstances. Unfortunately the actual circumstances of that case were not publicised, but it is obvious from what was reported that it was extreme.
Right. What was reported by the prosecution made a very good case. Unfortunately, press releases aren't required to present exculpatory evidence.
Chuck wrote:Let me ask you this; should a person not be held accountable for their actions if they were to go out into the wilderness, completely under-prepared, with total disregard for their own safety and intentions of attempting something that will inevitably end in them requiring rescue (or worse)?
I have never met anyone who acted with total disregard for their own safety, but I accept that there are people who attempt suicide, for that is what you are describing, and that is what was presented by the prosecution by press-release. I'm not certain that's really what we were seeing.
May I pose a more realistic hypothetical? "Should a person who is ignorant and unaware that their actions will inevitably lead to requiring rescue be held accountable for their actions?" I would say they should be made responsible for them. I wouldn't mind if recklessness or even a high degree of negligence or studied ignorance lead to prosecution, I wouldn't mind if there were an implicit contract for the triggering of PLBs, and breaching that (by triggering a PLB for a lift home) had some consequences.
Accountable has many meanings - I don't think people should be made to pay for their rescue, for the reasons we're (I suspect) agreed upon. I strongly suspect that the press release is a kind of propaganda, I fear that we'll see more of these kinds of story, building to a crescendo. I suspect we won't see stories about how some old lady slipped on the path while visiting the Three Sisters while wearing completely unsuitable footware, on a path that wasn't properly maintained by NPWS, but we will see more 'foolish wilderness rescue' stories culminating in a 'public outcry' requiring 'urgent action' by authorities to recover costs.
Chuck wrote:I think the message the S&R cops were trying to get out (with the Naan guy story) is that if people do go out with absolute disregard for their safety, they can be held accountable for their actions. I don't think their intention is to scare bushwalkers into thinking they are going to fined if they make a mistake. I think they want people to carefully consider their own safety when planning a trip.
If that were the case, why didn't they suggest that people planning ambitious hikes should perhaps (say) join a bushwalking club? It may have been a ham-fisted attempt to use a baton to beat some sense into people, I guess. To the man with a hammer, all problems are nails.
But then how do we interpret this new FB post by S&R, where the NZ codger was explicitly said to be knowledgeable, but implicitly really just lazy?
Chuck wrote:There are a lot more people engaging in outdoor recreation these days. Technology and information availability has made it more accessible and encouraging. Unfortunately though, I think this has led to more people with less experience becoming involved and taking greater risks. As a outdoor adventurer, I don't want us all to earn the reputation of being inconsiderate, irresponsible risk takers, simply because a small section are just that. I think by holding those small few accountable, when the circumstances dictate, maintains a balance. I think it prevents the situation from becoming what you described earlier in the thread, where therer is a public push for greater regulation or "user-pays" for rescue. From what I have read, I don't think the authorities in question consider bushwalkers and the like a "drain on society" , nor do I think they push this view in the public forum. What they do push is for people to take some responsibility for their own safety, which I think is reasonable.
When I look at the series of comments S&R left on their Mr.Naan FB post, they were almost all in the "Damn reckless bushwalkers! they should PAY for their rescue. THEY WILL PAY!!!!" style - a greek chorus of support. The fact that they removed mine, suggesting that perhaps the guy was improperly charged ... well, makes me wonder what's going on.
PS: I
really hope I never have to be rescued by these guys I'm lambasting

I can just imagine the conversation with me in a stretcher, and the bumpiness of the ride.