WorkSafe made a 'deliberate decision to circumvent the law” in its prosecution of the Whakaari owners, according to one of the lawyers seeking to have charges against the Buttle brothers filed in the wake of the 2019 eruption tossed out.

At a hearing at Auckland District Court on Thursday lawyers for Andrew, James and Peter Buttle​ sought to have their charges dismissed claiming 'it is still unclear what the case against them is”.

Defence lawyer Nicholas Coyle​ told the court there were 'significant shortcomings” in the case against the trio, and that WorkSafe had made 'a deliberate decision to circumvent the law”.

That claim prompted an immediate objection from WorkSafe prosecutor Kristy McDonald, who described it as 'an extraordinary submission to make”.

'Absolutely no foundation. . . to justify such an assertion of that type.”

Coyle also claimed WorkSafe was under pressure in the wake of the deadly eruption 'to get people in front of the court”.

Fellow defence lawyer David Neutze​ also addressed the court earlier in the hearing, claiming 'they have to guess what is alleged against them if you look at the charging documents”.

'If the charges aren't dismissed or at the very least amended, there will be significant prejudice against the Buttles,” he said.

'The prosecution has failed to be specific enough. . . on what breaches occurred.”

He also claimed the summary of facts for the case alleged the Buttle's took no health and safety measures, labelling that 'plainly wrong”.

Neutze said the charging documents at present were so broad 'we've got no idea what they'll allege at trial”.

This, he said, left them in the position of potentially having to argue their clients' innocence.

'The onus of proof is reversed. . . it's as simple as that.”

He also said WorkSafe had at least a year to amend its charging documents, and that while other organisations were facing charges, the Buttles' were the only director to be charged.

'They had a year to lay proper charging documents. . . that means fair particulars. . . there is real fair trial prejudice to the Buttles',” he said.

WorkSafe prosecutor Kristy McDonald, pictured outside the Whakatāne District Court last year. Photo: Tom Lee/Stuff.

'It was no accident there were no particulars because they didn't know what their case was.”

WorkSafe prosecutor Kristy McDonald began her submission telling the court the charges against the Buttles were not defective.

'The Buttles have been made well aware of the case they are facing.”

She also took aim at Coyle's 'extraordinary” claims.

'No evidential foundation for such an allegation, it is utterly rejected,” she said.

Fellow prosecutor Steve Symon also pushed back against defence claims, saying WorkSafe had not undertaken any incorrect action, 'let alone conduct so egregious the only remedy is to stay the prosecution”.

He also said with 25 investigators, the largest team ever assembled by WorkSafe, they were well aware of the significance of this case.

'Very early on the Buttles, with others, were identified as possible suspects,” she said.

'The Buttles were in the mix from very early on. . . the investigation has been textbook.”

The hearing is set to continue.

-Benn Bathgate/Stuff.