Now Kyle James Clarke has been found responsible for contributing to the crash that killed the owner, Allister Christie, after the pair both ended up in a river flowing through a Marlborough vineyard.
Clarke, 31, was found guilty in the Blenheim District Court today of reckless driving causing death and failing to stop to ascertain injury or death, after he ran from the scene, injured and "choking on his own blood", having scrambled out of the Mercedes that had crashed into the canal.
"Sadly, the pursuit ended in tragedy," she said in delivering her verdict this morning.
Christie was chasing his S-Class Mercedes, which was stolen from outside his house the day before. He died after smashing into the back of it.
Clarke had earlier admitted entering Christie’s Blenheim home on March 12, 2022, taking the keys and then the vehicle, having initially told police he’d taken it from outside the house when he’d seen the keys were in it.
He denied charges linked to the circumstances in which Christie died the following day. Judge Rielly has now found it was clear he had to be held responsible, based on witness evidence, detailed forensic crash evidence, and legal precedent.
Following the verdict, a family spokesperson told NZME she was surprised by the outcome because she felt it could have gone either way, but she was glad.
She said it had been a rough time adjusting to Christie’s absence.
"Particularly for his wife, but for everyone, for all the family - for all who knew him.
"This trial has been looming for more than two years, and going through it all again now, has been difficult but we have been able to fill in some missing pieces, and gain a fuller understanding of the events that took place back then."
The Crown, which said there was no dispute a highspeed pursuit had occurred, focused its prosecution case on whether Clarke’s now proven reckless driving, caused Christie’s death.
The defence focused on causative events and the moments leading up to the collision, and whether the cause of Christie’s tragic death was speed, which was "exponentially different in character" to his driving up to that point.
"He would have been able to get away but he opted for a more dangerous way to get away," she said.
The stolen car
Christie’s wife, Heather, described him in her evidence as a peaceful man and if he had seen his stolen car he would have wanted to sort out who had done it, and given them a "telling off".
Crown prosecutor Jackson Webber said in opening the trial that around 8am on March 12, Clarke entered the Christies’ Blenheim home through a partially open side door which Allister had left ajar for the family dog while he went to work. Heather was upstairs in bed.
Clarke took items from the house including a set of car keys to their Mercedes Benz and then drove off in it.
He was seen by police less than an hour later parked outside a Blenheim address.
The police recognised Clarke and attempted to stop him, but he drove off at speed, overtaking vehicles as he fled, so they did not pursue him.
Christie was advised of the incident later that day and was said to have expressed frustration at the police decision to abandon the pursuit.
The high-speed chase
About noon the next day, Clarke was seen driving the Mercedes, as Christie in a silver SsangYong entered a Blenheim roundabout at the same time.
Clarke then turned hard left onto SH1 and drove over the highway bridge at a speed close to 130 km/h while passing two vehicles.
The area is often busy with traffic and heavy vehicles heading to and from the Cook Strait ferries.
According to witnesses, Clarke continued at speed for a further 2.5km and then, without using the turning bay, he suddenly swerved right into a street while travelling between 60 to 80km/h, into the oncoming lane and over the train tracks.
The way he drove through an intersection caused significant alarm to others on the road.
One of them was resident Skye Hale, who told the court she’d been driving home from a nearby dairy when she noticed a car "flying out in front of her", as she approached the left turn off the highway to the street where she lived.
She said the car was going "very fast" and a second car appeared to be chasing the first.
The crash
Clarke accelerated heavily for a further 3.3km towards the Ōpaoa River at speeds up to 160 km/h.
As he approached a stop bank before the river, described as a "blind hump" drivers were unable to see over until near the top, he planned an evasive manoeuvre in the hope Christie would go past and not see him.
Moments later, Christie came over the stop bank at a speed estimated at more than 120km/h. His vehicle launched into the air and landed on its nose, skidded, and struck the rear of the blue Mercedes, pushing both vehicles into the Ōpaoa River where they were submerged.
The impact was so severe vehicle debris was scattered over a wide area.
Christie’s vehicle was later found in a deep culvert.
His cause of death is inconclusive but according to a forensic pathologist, it’s likely Christie’s injuries from the crash, while not thought to be fatal, might have made it difficult for Christie to get out of the submerged car.
Clarke was able to get out of the Mercedes through a rear door and swam to the bank before running from the scene.
Judge Rielly said although he was injured and scared, that was not enough to have prevented him stopping to check to other driver, who he would have known was involved in the crash.
Around 4pm, Adrian Ferris was out cycling and noticed two vehicles in the river. He initially thought they had been dumped. He took photos and tried to call the police, but was unable to get through, and carried on with his ride.
Ferris’ neighbour was a police officer, who after hearing what Ferris had seen and seeing the photos he’d taken, alerted staff on duty who went and secured the scene.
By then it was getting dark and police at the scene could see evidence of what had been a high-speed impact, but could not see if anyone was in either car.
It wasn’t until the next morning Christie was found in the submerged vehicle. His body was removed that afternoon and his family notified.
The family said nothing would bring him back, but the end of the trial had given them a measure of closure and the ability to move on.
Judge Rielly entered Clarke’s convictions and scheduled a sentencing date in July.
- Tracy Neal, Open Justice reporter
