Matthew Ballard was tragically killed when a truck pulled into the wrong side of the road causing a head on collision. Photo / Givealittle
Less than three seconds. That was all Matthew Ballard had as a truck pulled out onto the wrong side of the road, into oncoming traffic with its headlights on full - ending the life of a young man full of compassion, ambition and kindness.
The heartbreak and trauma of losing their beloved brother, partner and son was raw as family members expressed their pain to the truck driver as he sat emotionless through his sentencing this week for the crime he committed three years ago.
“Matt was a special person, he got the most pleasure from very simple things like a smile, nature, and innocence.
“My boy liked to walk in the rain, he would say he liked the way the rain made everything look beautiful,” his mother Tracey Ballard said in court through tears.
The 23-year-old had just bought his first home on three acres of land and planned to share the space with his girlfriend and one of his passions - animals.
“He was always bringing home strays ... always the one to show kindness when no one else could.”
His mother said her son was a “homeboy” with a minimal social life, preferring a good yarn to nightclubs and bars, working six days a week and spending his days off with his girlfriend and dog.
Ballard was a much-loved employee for Silver Fern Farms in Dargaville and was travelling to work on March 17, 2021, when Ross Jenkins decided to pull his loaded 36-wheeler truck into oncoming traffic. He was in the wrong lane and with his lights on full - Ballard did not stand a chance.
The news of his death sent shock waves through his family and his work, which chose to shut down the business for the rest of the day.
Jenkins, a 57-year-old who works in his well-known family business, Douglas Logging Trucks, was originally charged with careless driving causing death which Judge Gene Tomlinson said was “grossly undercharged”.
Police upgraded the charge to dangerous driving causing death and Jenkins spent the next two and a half years refusing to admit his role in the crash and trying to convince everybody it was not his fault.
As Ballard’s family struggled with their loss, their pain was exacerbated by Jenkins’ supporters spreading rumours around Dargaville that it was their boy who caused the crash.
“The Douglas Logging family gossip that Matt was to blame. People would come up to me in the street and say ‘What a shame about your son, he caused that.’
“You cared more about your public image and yourself than the carnage you caused,” Tracey Ballard said in court.
Jenkins persisted in his story and took the case to a judge-alone trial heard in the Whangārei District Court in June where overwhelming evidence proved that he did, without a doubt, cause the fatal crash.
Matthew’s brother, Michael Ballard, said his family was “one soldier down” and he was now left alone to watch his parents age.
“My only sibling ... My family has been broken, not one apology has been made, not one attempt to make peace ... you are not sorry for what you have done,” Michael said to Jenkins.
In an emotional victim impact statement read in court, Matt’s girlfriend relayed their love story which started when she was just 13 and finished with them living a quiet life with their fur babies in recent years.
Her grief caused her to lose her job, her car and the future she had planned with her first love.
“We lived a quiet life. The day you killed him, I lost it all. I lost everything, I lost a part of myself as well. I could not sleep in the same room where he slept. I lost the family I had grown to love, I can see the pain in Matthew’s parents’ eyes, a reminder of what is missing,” she said in her victim impact statement.
“He’s not here to celebrate his life because of you, you killed him!” she screamed during the emotional sentencing.
“Whatever you’ve got to say, it’s two years too late.”
Crown lawyer Danica Soich said Jenkins was an experienced truck driver who had completed the turn multiple times and would have seen the cars coming towards him. He would have known there was no way he was going to make the turn.
“The expert evidence was Ross did see those lights coming ... Mr Ballard’s car would have been no further than 200m away. He either chose to run it anyway or he was wilfully blind,” Soich said.
As Judge Tomlinson delivered his sentencing he referred to the letters of support that continued to insist Jenkins was a role model and not a “criminal”.
“They have described this as an accident, this was a crash caused by you. A role model accepts responsibility in the face of overwhelming evidence,” Judge Tomlinson said.
Supporters of Jenkins became visibly agitated at the judge’s remarks with one woman attempting to stand and interject and being told by security to sit down.
“Another misconception ... that he doesn’t deserve jail time because he is not a criminal and this was an unintentional tragedy. You have been convicted of a crime, of killing someone.
“This is for the benefit of your support crew – what does a person who kills someone by way of a criminal act deserve? What does someone who blames the deceased and not until the very last moment says sorry deserve?”
Judge Tomlinson said one of the support letters said Jenkins had suffered because he could no longer go to his children’s sports games and had to receive updates by text.
“It’s tone-deaf in regards to the Ballards’ loss. They will never have the joy of going to see their son again.
“The driving was extreme, it was arrogant, you knew the cars were coming and you expected Ballard to get out of the way. You’ve got your truck on the wrong side of the road going into oncoming traffic.
“He had no time, less than three seconds from when you started crossing into his lane, less than three seconds to perceive the danger and no time to react to the dangerous situation you created.
“I do not consider you to have real remorse, real remorse would have resulted in a guilty plea.
“This has been harrowing – the loss of a loved, lovable, likeable, genuinely kind and caring young man to his community is an incalculable tragedy for those that loved and were cared for by Matt Ballard,” Judge Tomlinson said.
Jenkins was jailed for two years and six months and ordered to pay the family $30,000 in emotional harm reparation.
Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.