A volunteer firefighter involved in a crash on his way to an emergency callout has evaded a conviction and kept his identity secret.
The man, aged in his 20s, appeared in the Invercargill District Court yesterday on two charges of careless driving causing injury.
Judge Catriona Doyle granted him a discharge without conviction and final name suppression despite police strongly opposing both applications.
On March 27, 2021, a cycling race was held in Makarewa. There had been a crash at the finish line and emergency services were called.
The defendant drove to the scene and on the way passed two cyclists warming up for the race.
He slowed down, but as he overtook them he clipped the front rider, causing them to hit the road hard, breaking their elbow.
The second cyclist crashed into the first rider.
The defendant did not stop and continued on 500m to the finish line.
When he got there, he informed others of the incident and police arrived shortly after.
Counsel Jono Ross said the man had recently been diagnosed with neurological conditions.
Because of this he was already at a disadvantage when applying for jobs, Mr Ross said in support of the discharge.
"There is not a trend for this defendant of ... breaching the law."
Mr Ross said his client would feel the repercussions of his name being published more "gravely" than neurotypical people.
Judge Doyle said the diagnosis could explain his "impulsive" and "fixated" behaviour.
She said the man had been subject to scrutiny on Facebook following media coverage of the incident.
Police prosecutor Penny Stratford, though, said the defendant had continued to "downplay" the offending and was not remorseful.
She noted the man did not plead guilty for more than a year after the incident and the victims had travelled to court for trials that never went ahead.
"That caused them a great deal of anxiety and stress," she said.
Police said there was no evidence of how a conviction would impact the defendant, only speculation.
Judge Doyle said the man’s youth was in his favour, he had completed The Right Track programme and he had no other criminal history — not even a speeding ticket.
She granted him the discharge without conviction and did not disqualify him from driving.
She granted him final name suppression and acknowledged that was an outcome with which the victims would not be satisfied.
Judge Doyle ordered him to pay $2530 reparation for the broken bike, and an extra $500 to each victim.
An internal review following the incident resulted in him being suspended from volunteering as a firefighter.
