The police case against an 18-year-old collapsed in the Oamaru District Court on Thursday as police faced criticism about the standard of their evidence.
Thomas Stocker, a labourer of Maheno, faced two charges of operating a vehicle carelessly in Island Stream Rd, Maheno, and thereby causing injury to sisters Hayley Renee Mathers and Ashley Nicole Mathers. Police alleged Stocker became annoyed with driver Mike Mathers after he apparently put his lights on high beam after
Stocker passed him as both drivers travelled through Alma on July 29, 2016.
Mr Mathers stopped to turn into a road to make his way home and it was about this time Stocker, who had pulled up on the side of the road to apparently fix his car, was back in his vehicle and began to follow Mr Mathers.
Mr Mathers then drove on and was making his way home via the unlit and unmarked Island Stream Rd when he noticed
Stocker appeared to be following him.
He said his daughters became scared and asked him to stop driving.
Mr Mathers stopped his car and within seconds Stocker’s vehicle crashed into the back of it.
Judge Joanna Maze, defence lawyer Michael de Buyzer and police prosecutor Sergeant Paul Knox spent part of Thursday’s court hearing trying to calculate distances travelled between the two drivers, and other measurements, using limited evidence.
The exercise resulted in Judge Maze advising police to take better notes in future after an officer’s recollection of events was called upon by Mr de Buyzer and the officer told the court he could not recall what was asked of him.
Senior Constable Wayne Brew, of Hampden, said no measurements were taken at the scene and the vehicles only underwent a physical examination.
Photographs he took of the crash site at the time on his mobile phone were lost, a fact discovered a week after the crash, but not disclosed to Mr de Buyzer until Thursday. Judge Maze advised Sgt Knox his office could take opportunities to tell police their reports should be to a standard where they would pass muster if challenged.
She ruled some evidence inadmissible due to the lack of documentation provided by police.
Mr de Buyzer said it was enough to have the charges against his client dropped.
He was told that was going too far, but at the end of the court hearing Judge Maze dismissed the charges against Stocker.
She said given the evidence she had to rule on, it appeared Mr Mathers’ actions led to the crash.
