Kuresa Alvy Anderson, 41, faced court for his ninth drink driving offence after attempting to drive an Auckland Transport bus.
Judge Claire Ryan postponed sentencing to April, allowing Anderson time for rehabilitation after his mother’s death.
Prosecutors withdrew a more serious charge involving theft of the $400,000 bus.
An alcoholic facing court for his ninth drink driving offence – this time for trying to drive off in an Auckland Transport bus while his friends chased the driver down the street – has been handed a Christmas lifeline.
Āwhitu resident Kuresa Alvy Anderson, 41, appeared in Auckland District Court last week for sentencing after having pled guilty to driving contrary to a zero alcohol licence and to having driven with an excess blood alcohol reading over five times the legal limit for motorists over 20.
He had also initially been charged with driving a stolen vehicle – the $400,000 CRRC eS12 Max, an electric bus model used by AT for its CityLink routes – but that charge was withdrawn by the Crown after he agreed to plead guilty to the two lesser charges.
“He’s really on the cusp of imprisonment,” Judge Claire Ryan told defence lawyer Scott Leith, adding that it must have been a terrifying experience for the bus driver and passengers. “We can’t have him doing this again.
“At [offence] number nine, you’re looking at going to jail. I think you need some therapy.”
But prison rehabilitation programmes are not up to par with what is available on the outside, she acknowledged, rescheduling the sentencing for April so that Anderson could have a few more months to get his life in order following several months of turmoil that included the death of his mother.
Court documents outline how Anderson and his friends tried to enter the bus at a Greys Ave stop in Auckland Central on the evening of March 4 this year. They were deemed by the driver to be too drunk to ride and, in retaliation, they prevented others from getting on the bus.
“The situation escalated, resulting in [the driver] exiting the vehicle without turning it off and thereafter being chased by the defendant’s accomplices on the footpath,” the agreed summary of facts states.
“The defendant opportunistically entered the bus, got into the driver’s seat and attempted to operate the vehicle. He released the handbrake, resulting in the vehicle going back and forth several metres.”
Anderson then left without re-engaging the handbrake. Luckily, the bus has a function that causes the brakes to automatically engage when the door is open, so the vehicle did not roll away.
Upon arrival, police immediately noted signs of intoxication. A subsequent test recorded 1327 micrograms of alcohol per litre of breath. In New Zealand, alcohol levels between 251 and 400 micrograms per litre of breath can result in a fine while anything over 400 micrograms carries a possible prison sentence.
“In explanation, the defendant stated he consumed two goons and was trying to be stupid, however didn’t drive the bus,” police noted in court documents.
Anderson was also set to be sentenced for two minor shoplifting offences from separate Woolworths stores in Auckland Central. The second theft involved the taking of $47 worth of white wine and beer on a Saturday afternoon in April, one month after the bus incident.
“I am an alcoholic,” he told police upon his arrest shortly after leaving the store. “I don’t have a card and payday is on Tuesday.”
Anderson’s lawyer was similarly frank during the hearing about his client’s alcoholism. In addition to the long-running drinking problem, he’s had a difficult year that started with his mother suffering a stroke in May and her death last month. He stayed in the hospital with her for two months immediately after the stroke and then helped care for her during her recovery, Leith said, explaining that when she was transferred to another hospital his client took a casual role in the hospital kitchen so he could spend more time with her.
In a letter to the court, Anderson described how his mother was the strongest person he knew and asked for more time “to better myself following my mum’s passing”.
If allowed to stay out of jail, his client could resume work at the hospital and show the court “he’s committed to change” through his upcoming enrollment in the Care NZ addiction treatment programme, Leith said.
He noted that imprisonment hadn’t helped Anderson overcome that addiction in the past.
Drink driving for a third or more time is punishable by up to two years in prison. The stolen vehicle charge he initially faced would have carried a maximum sentence of seven years in prison. Before the bizarre incident, his lawyer noted, it had been roughly five years since his last drink-driving charge.
Judge Ryan noted that even though the bus had safety measures in place to protect it from “idiots”, the situation “must have been terribly frightening” for passengers who wouldn’t have known that.
“People could have panicked and tried to get out – hurt themselves,” she said. “There’s a whole lot of issues there.”
Had the sentencing gone ahead as scheduled last week, the judge said, “there’s a very good chance you’re spending Christmas in prison – and some people would say you deserve that”. The decision to postpone the sentencing is not without risk, she acknowledged, noting that Christmas is a trigger for many people – especially those who have recently lost loved ones.
“There is a temptation to drink and do dumb things – please don’t,” she said. “If you come back here and there’s more nonsense ... I can’t help you. This is your last chance. No pressure, but I expect to see the certificates [showing rehab completion] and I expect to see you turned your life around.
“Your mother, she’d be proud of you if you honoured your name ... by dealing with your alcohol issues.”
Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.
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