A Dunedin man was acquitted yesterday after his explanation for a motorcycle crash near Cardrona could not be countered by two German cyclists who were injured.
Jason Ernest Waghorn (47), sales representative, was one of about 40 motorcyclists taking part in a group ride from Dunedin to Haast when he and and a passenger came off his 750cc Suzuki near Cardrona, on the Crown Range Rd, on January 16 last year.
Waghorn was charged with careless driving causing injury to his passenger, Sarah Wilson, as well as cyclists Andreas Chollee and Meinolf Kleinschnittger.
Appearing before Judge Alastair Garland in the Queenstown District Court yesterday, Waghorn said he rounded a bend to see a group of cyclists riding uphill in the opposite direction.
One of the cyclists was approaching the centre line, ``heading towards me'', and the next thing he remembered was being on the road.
Two cyclists were struck and injured as Waghorn's bike slid on its side and hit a road barrier. Waghorn broke his arm in the crash.
A Wanaka policeman who attended the scene, Constable Aubury Martin, said the defendant told him the group of cyclists had been ``taking up the road''.
He estimated his speed at the time to be about 80kmh.
Police serious crash unit investigator Senior Constable Alastair Crosland said his analysis of the site three months later led him to conclude the defendant had taken a fast line through the preceding right-hand bend, and was travelling too quickly to safely round the left-hand bend without crossing the centre line.
Waghorn had then braked because he realised he was going too fast.
Counsel Len Anderson said Snr Const Crosland had ``made assumptions based on photographs'' to reach his conclusions, and could be wrong.
The prosecution had failed to establish how the crash had occurred and therefore could not prove the defendant was to blame.
A reaction to danger, even if it was the wrong reaction, did not constitute carelessness under the law.
Judge Garland said the defendant's evidence in court was that he reacted to an ``unexpected and potentially dangerous act'' by one cyclist.
But for that explanation, which he had not given to Const Martin after the crash, he would have accepted Sen Const Crosland's evidence.
It was ``unfortunate'' none of the cyclists had been called to give evidence at the trial.
``They are the only persons who could have informed the court whether Mr Waghorn's explanation was true or untrue.''
Other convictions
Tamara Aimara Aravena (28), Argentinian national, of Frankton, drink-driving, 599mcg, Frankton Rd, June 27, fined $575, court costs $130, disqualified six months.
Tamatea Henrick Lehartel (21), of Queenstown, drink-driving, 471mcg, Church St, July 1, fined $450, court costs $130, disqualified six months.
Daniel Bolotin Delfino (28), building labourer, Uruguayan national, of Queenstown, drink-driving, 623mcg, Frankton Rd, July 1, fined $600, court costs $130, disqualified six months.
