OFF THE WIRE
Sandra Conchie
A man who failed to give way and drove into the path of Te Puna father-of-three Louis Gray-Morgan, killing him instantly, has been jailed for 14 months.
Anthony Eric Rehutai-Smith, 19, of Te Puna, should also not have been behind the wheel of his car when he collided with 24-year-old Mr Morgan at the intersection of SH2 and Te Mete Rd about 6pm on August 4 last year because he was a disqualified driver.
Mr Morgan was heading home on a Harley Davidson at the time of the crash.
To compound matters, after being bailed on these matters, Rehutai-Smith went on to drive again.
On December 4, he was caught drink-driving on Anne Rd, Bellevue, with an excess breath alcohol of 813 micrograms of alcohol per litre of breath. He initially refused to accompany the police officer and tried to run off.
His alcohol reading was more than five times the breath alcohol limit of 150 mcg for people aged under 20.
It was Rehutai-Smith's third alcohol-related driving offence and his fourth and fifth offences for driving while disqualified.
Rehutai-Smith, sentenced in Tauranga District Court on Tuesday on all matters, was also indefinitely disqualified for a minimum of two years from May 26.
His lawyer, Viv Winiata, told Judge Ian Thomas his client accepted he was primarily responsible for the fatality and was not seeking anything less than a prison sentence.
Mr Winiata said while his client does not "shirk from his responsibilities for what occurred" it was noted that the results of the toxicology report had established that Mr Morgan should also not have been on the road as there were traces of substances in his system.
Mr Morgan's speed at the time of the crash appears to also have been a factor, he said.
But Mr Winiata said it was accepted that the prime cause of the crash was Rehutai-Smith's negligence in failing to give way when Mr Morgan was there to be seen.
Mr Winiata said his client wished to offer his sincere apology to his victim's partner and other family, had offered to participate in a restorative justice meeting and, given time, it was hoped such a meeting would be possible.
Judge Thomas told Rehutai-Smith that despite Mr Morgan's speed being estimated at 110 km/h, he had seven seconds to see him and stop, yet inexplicably he pulled out into his path.
"It was clear the primary cause of the crash was your actions and to compound that you were driving while disqualified and should not have been on the road," he said.
Rehutai's prior criminal record included a number for breaches of court orders including three for driving while disqualified in 2010, and "a pretty bad record of flagrant disregard for the law".
Judge Thomas said he recognised the effects of Rehutai-Smith's offending had not only had serious implications for the victim's family but also for him and his family, something they would have to live with for the rest of their lives.
Mr Morgan is survived by his partner Anna Learmonth and their three children.
Ms Learmonth was at court supported by members of the Filthy Few Motorcycle Club, of which Mr Morgan was a member.
In an outpouring of grief, Ms Learmonth read her victim impact statement to the court describing in harrowing detail the life-changing impacts of losing her fiancee and the father of her children.
Ms Learmonth said her dreams had been "shattered" and her life had been "torn apart" by Rehutai-Smith's deliberate flouting of the law and urged Judge Thomas to send a clear deterrent message.
http://www.bayofplentytimes.co.nz/news/teen-jailed-after-crash-kills-biker/1358763/
