What started as a routine journey turned into a nightmare for a man who was momentarily distracted by a noise coming from his car.
That distraction caused Rikki Gordon to cross the centreline, killing an elderly man who was described as a colourful character with a joyful sense of humour.
Gordon, 36, appeared for sentence in the Whangārei District Court this week for dangerous driving causing injury and dangerous driving causing the death of 85-year-old Phillip Jeffery Bird.
On February 8, 2023, Gordon was driving a Hilux North on Western Hills Road, Whangārei at approximately 50km/h.
Gordon heard a noise emanating from his car and as he attempted to locate the source of the sound, a brief but fateful distraction ensued. The court heard, whether he lowered his head or momentarily closed his eyes to focus on the noise, his attention wavered from the road ahead.
The brief lapse in concentration caused the Hilux to veer to the right, crossing into oncoming traffic and inevitably colliding head-on with a vehicle travelling south.
The occupants of the other vehicle, Bird and his life partner of 45 years Doug Clayton, bore the brunt of the collision. Clayton sustained multiple fractures while Bird suffered severe injuries.
Despite undergoing surgery, Bird succumbed to his injuries on February 10, 2023, leaving behind a wave of sorrow and grief.
Clayton said in a victim impact statement read to the court that he held the hand of his soul mate as he passed away.
“I held his hand and looked into his eyes as doctors said he was dying and would not survive another operation.
“Every memory of Jeffery is precious, I can no longer remember the sound of his voice. Piece by piece I’m losing him.
“I have tried to carry on with some normal reality, which is a facade. I spend hours staring at nothing, wishing I could end myself, the one person who gave my life meaning is gone forever.”
Judge Gene Tomlinson said it was the most eloquent victim impact statement he had ever read.
“It would be nice to know when our time comes, we would have someone there like Mr Clayton,” Judge Tomlinson said.
Gordon’s lawyer, John Day, said when his client read the victim impact statement he broke down crying and expressed his deep sadness.
A letter of remorse by Gordon was also read in court by Judge Tomlinson expressing profound remorse and acknowledging his culpability in the tragedy.
“My mistakes on that day have caused you so much pain. I wish I could change what happened that day but all I can offer is honesty.
“It wasn’t Mr Bird’s time and I understand I am solely responsible for causing his death. The only thing I can ask is you forgive me, not because I deserve it, but because you deserve peace.”
Judge Tomlinson said the facts of the case were unremarkable but sadly destructive in harm.
“Your words are thoughtful, appropriate and responsible,” Judge Tomlinson said to Gordon.
Gordon was sentenced to nine months home detention and disqualified from driving for 18 months.
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.
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