Simon Greenwood and his partner Nikki Gapes were in a crash in 2018 and now Greenwood faces trial, nearly three years after he was charged. Photo / Supplied
Simon Greenwood and his partner Nikki Gapes were in a crash in 2018 and now Greenwood faces trial, nearly three years after he was charged. Photo / Supplied
The businessman charged after his partner was killed in a motorbike crash will face trial, despite a series of setbacks and court system hold-ups.
Today a judge said multiple delays caused a breach of Simon Greenwood's rights, but a fair trial was still possible after Nikki Gapes died in the crash.
Mother-of-three Gapes, 43, was riding pillion on Greenwood's Kawasaki ZX when two motorbikes and a car crashed on the Kaipara Coast Highway in January 2018.
Greenwood was charged almost five months later with careless driving causing death. He entered a not guilty plea on July 26, 2018.
Yesterday, Auckland District Court heard Greenwood's lawyer David Jones QC wanted the charge dismissed.
Today, Judge Claire Ryan outlined a meandering series of setbacks which had stifled attempts to hold the trial.
Mother-of-three Nikki Gapes, 43, was killed in this January 2018 crash near Mangakura Boat Club on the Kaipara Coast Highway. Photo / Auckland Rescue Helicopter Trust
The court heard defence counsel or witnesses were unavailable on seven occasions.
And Judge Ryan said when the trial was ready to start last August, police inexplicably stood witnesses down when Auckland entered a snap Covid-19 lockdown.
"I'm unable to accept the prosecution decision to unilaterally stand them down," Judge Ryan said.
Another time, a key police witness suffered a serious health emergency.
And another, earlier delay resulted from North Shore District Court not having a roster which provided for judge-alone trials lasting more than one day.
Judge Ryan said "systemic" issues did not provide a valid reason for delays.
But she said "too many disputes, differences, probabilities and possibilities" existed about what caused the accident and who if anybody might have been negligent.
It was the role of a judge or jury at trial to determine the facts, she said.
The judge said 1041 days had passed since Greenwood was charged.
But she added: "In this case, somebody has died and in view, that makes the case serious."
