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Company that built Berkeley complex seeks restraining order against investigators

Segue Construction is concerned that evidence might be altered in the absence of a company representative.

THE US CONTRACTOR that built the Berkeley apartment complex where six Irish students were killed in a balcony collapse last month have applied for a restraining order against public officials investigating evidence.

Segue Construction sought the order to prevent district attorney investigators from conducting tests without a company representative being present.

The company built the 176-unit Library Gardens complex in 2007.

The Alameda County district attorney’s office in California confirmed last week that it would look into the cause of the collapse, after a report found severe dry rot in the wooden beams of the balcony.

The investigation will examine whether manslaughter charges on the grounds of gross negligence can be brought against the firm and a subcontractor that worked on the building, the Berkeley district attorney, Nancy O’Malley, announced on Friday.

In a statement quoted in the Santa Cruz Sentinel, the company said it was applying for a temporary restraining order to ensure evidence is not “altered, inspected, tested or destroyed” in the absence of a representative.

Our immediate concern is that the criminal investigation announced by the Alameda County District Attorney respect the customary legal rights of all parties to an investigation.

It added, however, that it is committed to assisting with the investigation.

Meanwhile, records released by the City of Berkeley show that the building was deemed to be in “good” condition in September 2014, RTÉ reports.

The inspection found that there were no “moisture concerns” in the fourth-floor apartment where the balcony collapsed.

The accident killed students Eoghan Culligan, Lorcán Miller, Niccolai Schuster, Eimear Walsh, Olivia Burke and Ashley Donohoe, and injured seven others.

Read: Property developers to be examined in balcony collapse inquiry >

Read: District attorney to examine balcony collapse as report blames rotten wood >

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10 Comments
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    Mute FDL_
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    Jul 1st 2015, 11:39 AM

    Everyone can see the evidence, it’s not hidden in a closet somewhere that needs to be investigated!!
    It’s in the picture that everyone can see which paints a horrific picture.

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    Mute Rehabmeerkat
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    Jul 1st 2015, 11:33 AM

    classy guys

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    Mute Ben O'Dowd
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    Jul 1st 2015, 11:36 AM

    Unbelievable.

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    Mute pe me
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    Jul 1st 2015, 12:16 PM

    Only in America could get a restraining order put in place for to stop you being sued for personal
    Negligence. Unreal

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    Mute just readin
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    Jul 1st 2015, 1:14 PM

    Have a small wee look at what happened to the owners of the Stardust nightclub in Artane …

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    Mute Mary Mc Carthy
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    Jul 1st 2015, 11:55 AM

    ‘Those who have nothing to hide , hide nothing’. Disgraceful if allowed to get away with this , an insult to those families who are grieving and whose lives are forever changed. If the contractor had an ounce of integrity he would be more than willing to co-operate with authorities to find out why six vibrant young people lost their lives.

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    Mute sunshine
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    Jul 1st 2015, 12:59 PM

    How many accidents are waiting to happen in Ireland – specifically fire hazards? Only sheer luck there wasn’t a tragedy in the houses in Newbridge and who can forget Priory Hall. Do you think criminal charges would ever be brought in Ireland if the self-inspection system operated in Ireland does turn to tragedy?

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    Mute Range Rover P38
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    Jul 1st 2015, 2:23 PM

    wood joisted balcony……ridiculous idea. Steel rsj’s mandatory.

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    Mute Shawn Rahoon
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    Jul 1st 2015, 3:19 PM

    As a Carpenter I totally agree.

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    Mute Wesley Preston
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    Jul 1st 2015, 2:27 PM

    The brass balls of these people. Only in America would you hear of such a thing

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