A Hastings man has walked free from court following a road rage incident and a "less than comprehensive" police investigation.
Timothy Drown, 49, appeared in Hastings District Court yesterday charged with intentional damage after allegedly kicking the car of a motorist he claimed had overtaken him dangerously on Pakowhai Rd.
Hastings woman Elizabeth Hall said she had passed Drown's Toyota Corolla in her Audi Coupe on January 21 before noticing him angrily gesturing "right up behind" her. At a later intersection about 4.30pm, she claimed he ran from his car to punch her driver's side window and hurl abuse at her.
"I told him I didn't want to talk to him because he was really angry and scary," she said.
As she drove away he kicked her car, which left a small dent, resulting in $563 damage she said.
"I was freaked out ... I just wanted to get away."
Drown, who described himself as a "professional driver", opted to represent himself without a lawyer and denied kicking the Audi or punching the window.
He told Judge Richard Watson that Hall had passed him dangerously, forcing him to brake, swerve and narrowly miss crashing into a powerpole. He had left his car only to talk to her, he said.
"She needed someone to have a word to her to say listen lady, you need to slow down or you're going to kill someone."
On approach he was met with a "one finger salute" from Hall, he said. He claimed the male driver of a white Ford Falcon had also got out of his car at the intersection after he too was angered at being cut off by Hall, and had possibly been the one who kicked the car.
Judge Watson said Drown had not questioned Hall about the possibility of another driver kicking the car. He said issues of fairness and questions not being put to witnesses were a common problem in court hearings where people opted to defend themselves.
Drown said he had chosen to read a prepared statement as the officer in charge, Constable Mark Anderson, had made little attempt to get his side of the story.
During his evidence yesterday, Constable Anderson accepted Judge Watson's criticism of his efforts. "This wouldn't be one of your more meritorious investigations would it?" the judge asked.
He said while the criticism was not a personal attack on a "busy" constable, he believed the case would have been better served by police speaking one-on-one with Drown. "Allowing some three months to lapse before a statement is taken is at best unfair."
While the judge said he'd seen "too many" cases where road rage resulted in violence, he was "left in some doubt" as to whether the standard of proof had been met, and dismissed the charge.
Driver left in clear as judge throws out road rage case
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