Multisport great Steve Gurney has accepted a police offer of diversion after pleading guilty to careless driving when he smashed into a speeding train at a level crossing.
The nine-time Coast to Coast champion avoided a criminal conviction today after accepting to take part in the diversion scheme for first offenders.
However, it is understood that Gurney will be ordered to pay rail authorities thousands of dollars in reparation as part of the deal, and also be forced to undergo a driving course.
The 48-year-old was expected to appear at a Rangiora District Court hearing today at Nga Hau e Wha marae in Christchurch. But when his case called, he was nowhere to be seen, despite turning up at a Speights Coast to Coast preview event earlier in the day.
Police prosecutor Jeff Kay told Judge John Strettell: "I understand diversion is accepted. He (Gurney) was supposed to be here today but in his absence I just ask that his case is put through to February 22.''
It is expected that Gurney will appear in person at his next court date.
The endurance athlete previously pleaded guilty to the charge, and spoke of his "disappointment'' that he was being taken to court for what was simply a "mistake'' and a "blur''.
Gurney was lucky to walk away with only minor injuries when his Subaru Outback 4WD crashed into an early-morning passenger train at a railway crossing near Rangiora on September 20 last year.
The train driver and passengers escaped uninjured.
There were no warning bells, lights or barriers at the crossing. But there is a stop sign and warning saying, `Look for trains'.
The decision to offer Gurney diversion last month angered the Rail and Maritime Transport Union, which represents train drivers.
Union secretary Wayne Butson said there were 14 level crossing collisions between vehicles and trains in 2011.
Some train drivers suffered "such severe mental trauma'' that they had to give up a vocation they loved. Train drivers were the "silent victims'' in all cases.
Mr Butson said: "The public need a greater respect for the rail corridor and level crossings.
"The offer of police diversion to Steve Gurney doesn't seem at all appropriate to locomotive engineers in the circumstance.''