Fatal crash driver to pay $25,000

As two cars reached the brow of a hill on a rural South Otago back road, two families' lives collided.

A split second either way and there might have been time to swerve, to brake, a minor bump.

But James Desmond Botting (20), driving a ute with six sheep on the back, reached the crest of the one-lane gravel road at precisely the same time father of four Peter Gerald Sinclair did.

The impact took out a pillar in the victim's vehicle, causing the roof of his Toyota to collapse on him.

Mr Sinclair suffered grievous injuries and died at the scene on June 28 last year.

Botting appeared before the Dunedin District Court yesterday after pleading guilty to careless driving causing death.

Defence counsel Bill Dawkins said his client had written a letter to the victim's family, and in an unusual move, his mother was allowed to read it to them in court.

``I would like to say how sorry I am for what happened that day,'' Botting wrote.

``I wish I could change what happened and give you back your husband and father.''

While he said he could not forgive himself, he hoped one day the Sinclair family could.

``This will be with me for the rest of my life.''

Judge Kevin Phillips had earlier suggested a reparation payment of $15,000 would be appropriate but Botting had saved $25,000.

While it was unorthodox, the defendant had also offered his labour on the Sinclairs' farm after hearing the victim's wife was struggling with its day-to-day running, Mr Dawkins said.

Botting offered a nominal amount of 200 hours.

``It is, of course, only a gesture,'' Mr Dawkins said.

``If it is not wanted, he understands.''

The fatal car crash occurred on Moffat Rd, a gravel track outside Balclutha, connecting Te Houka Rd to State Highway 1.

Although the speed limit was 100kmh, Judge Phillips said that was ludicrous for a single-lane road.

According to court documents, Botting was driving at about 70kmh - under the limit but too fast to avoid tragedy.

``The very nature of that road calls for the exercising of specific great care, judgement and awareness of oncoming traffic,'' the judge said.

``You would know vehicles travelling towards you would be travelling in the same set of wheel marks as yours.''

The Ford that Botting had been driving had several defects but police accepted they did not contribute to the accident.

Judge Phillips was satisfied the defendant was genuinely remorseful and he had no previous convictions.

The Sinclairs' victim impact statements made for ``harrowing reading'', he said.

``It was just made so stark to me reading those statements and feeling the total devastation.''

He stressed the maximum penalty for the charge was three months' imprisonment and he had to simply assess the defendant's level of carelessness, rather than look at the horrendous outcome.

Judge Phillips ordered Botting to pay $25,000 reparation and banned him from driving for six months.

He passed on his sympathy to the Sinclair family.

``It is the end of the beginning,'' he told them.

rob.kidd@odt.co.nz