Trike rider cleared after killing dog

Kay Hamilton says she is moving on. Photo / File

A motorcyclist who fatally hit a puppy on Haumoana Beach says the truth can be told after successfully appealing his dangerous driving conviction, but the dog's owner hopes he's "learnt his lesson".

Adam Rayner was riding a three-wheeler motorbike and towing a trailer carrying two friends along the Hawke's Bay beach on January 9, this year when he struck Rosie, an eight-month-old miniature fox terrier, that was being walked off a leash by her owner, Kay Hamilton.

Mr Rayner was convicted of dangerous driving, ordered to pay $2000 in reparation and disqualified from driving for six months following a judge alone trial on July 3, at Hastings District Court.

It was "common ground" for signs on the area of the beach where the incident happened to advise motorcyclists of the 20km/h speed limit, court documents revealed.

Last week Justice John Faire delivered his reserved decision at the High Court in Napier and said he was "not satisfied" the evidence against Mr Rayner was "sufficient to prove this charge".

Yesterday, Mr Rayner told Hawke's Bay Today he was pleased with the outcome to overturn his conviction and sentence.

"The outcome is good, it's just a shame its taken a few months - the truth has come out."

He said he "loved animals" and "even to this day I am sorry".

"There's nothing I could do about it and it was just a terrible accident. I'd never run over an animal before then and I hope it never happens to me again, or anyone else along that beach."

He said he hoped people walking and driving along Haumoana Beach would become "more observant" following the publicity of Rosie's death and would continue to ride his motorcycle along the beach.

Ms Hamilton also spoke yesterday about how she was coming to terms with the loss of Rosie and was ready to move on from the case. "I can sleep at night, knowing what I did for Rosie.

"Most people are quite courteous and slow down along the beach now. It has certainly highlighted that the beach needs to be shared."

She said many Haumoana residents were not prepared to tolerate motorcyclists speeding, overloading or riding without a helmet.

"I've never encountered [Mr Rayner] again on the beach and let's hope he's learnt his lesson."

She added she was now cautious while walking her new puppy, Missy, along the beach, often holding it in her arms.

Mr Rayner's lawyer, Susanne Lott, said in support of her client's appeal that the court had erred in its assessment of the reliability of witnesses, erred in the weight given to the evidence before it, and took into account irrelevant evidence while ignoring relevant evidence.

She added Ms Hamilton's evidence was "unreliable due to her poor vision, lack of expertise in assessing speed, and admission that she was not paying attention to the speed of the bike or details of the incident".

"Mr Rayner's evidence is more reliable as he has ridden farm bikes for 10-12 years," she said. "Further, his account of the incident was supported by the person who was a passenger in the trailer."

Ms Hamilton first contacted police after seeing news reports about quad bikes speeding out of Waimarama. She reported the incident to police and media five days later.

"What is particularly unfortunate in this case is that there was not opportunity given to the police to attend the accident scene and take precise measurements," Justice Faire said. He said there was "not sufficient" evidence to conclude Mr Rayner's trike was being driven in close proximity to members of the public, or in a dangerous manner.

"It is very unfortunate that Rosie lost her life," he added.