Constable Gail Shepherd, pictured at Waitangi Day in February 2021, was described as a straight-shooter who was working her dream job. Photo / NZ Police
Constable Gail Shepherd, pictured at Waitangi Day in February 2021, was described as a straight-shooter who was working her dream job. Photo / NZ Police
The death of off-duty policewoman Gail Elizabeth Shepherd, hit by a man driving impaired in an unwarranted car, left a huge gap in the lives of her close whānau, a court has heard.
Kieron James Wihongi-Henare, 33, was jailed for 20 months in the Whangārei District Court on Tuesday after he had previously admitted reckless driving causing Shepherd’s death.
Five of Shepherd’s whānau made victim impact statements, talking about how her death was the worst day of their lives.
There were so many of Shepherd’s whānau and friends in court, proceedings had to be livestreamed to another part of the courthouse so supporters could watch.
Shepherd was described as a straight-talker, dedicated mother and grandmother, loyal sister and daughter, who kept her family together and was working her dream job as the sole-charge officer in Houhora in the Far North.
Daughter Tyme Rata said Shepherd was her best friend, someone who courageously raised her three children on her own and later relished being a grandmother.
“We never missed a sports event, a school trip or a chance to chase our dreams because my mum always found a way and, to this day, I still don’t know how she did it all.”
Shepherd enrolled in the police force to provide her family with stability and income, and her graduation was a proud day, Rata said.
Shepherd’s role as the sole police officer at Houhora, at the top of the Far North, was her dream job and was where she hoped to retire, Rata said.
Gail Shepherd was involved in many waka celebrations at Waitangi.
But the dream of happy retirement was stolen from her, Rata said, speaking directly to Wihongi-Henare.
“On April 20, you chose to drive under the influence in an unwarranted and unregistered vehicle. You crossed the line and hit my mum.
“How much is a mother’s life worth for you Kieron?”
Shepherd’s cousin Tania Rule also spoke about the fateful day, when she was hosting Shepherd at her Helena Bay home.
Shepherd had decided to take her two dogs for a walk at the beach but told Rule to stay home to make an early dinner.
Rule said she knew something was terribly wrong when one of the dogs, Cooper, came home on his own, severely injured.
She drove 100m to the corner of Webb and Russell Roads to find the crash scene, including Wihongi-Henare standing near his car, which had also hit a power pole.
Shepherd had been thrown into a paddock with the impact of the crash and died before Rule arrived.
Rule described Shepherd as genuine and authentic, as well as loving and supportive.
“With my cousin Gail, I felt like I had won the lottery of life because we had a bond that was unbreakable. She was, and still is, my best friend, my sister in every way that mattered.”
‘He wasn’t expecting to walk away', lawyer says
Wihongi-Henare was truly sorry for the hurt he caused, his lawyer Kyle Macneil told the court, including Shepherd’s family.
Kieron James Wihongi-Henare has admitted reckless driving causing the death of off-duty police woman Gail Shepherd. Photo/ Facebook
“He found it very hard to hear [the victim impact statements] and as a sign of respect he stood the whole way through - he didn’t ask to sit down.
“He does have a hole in his soul from what he did ... It’s not on your level but he is hurting and dismayed at what he’s caused and truly saddened to be here today.”
But Macneil said there was no way Wihongi-Henare was going to apply for a discharge without conviction, putting the blame on the lawyer acting on the day.
Rata said she was also aggrieved to hear Wihongi-Henare was signed up for a golf tournament in the coming weeks, like he was expecting not to face any consequences.
But Macneil said the 33-year-old had been signed up to the golf tournament by his uncle.
“He had no expectation at all of escaping sentence ... he does understand his actions.”
Driver had smoked cannabis and drunk five bottles of beer
Judge Peter Davey said the warrant of fitness on Wihongi-Henare’s car expired on February 2 and his registration expired on March 3.
On March 6, six weeks before the crash, he tried to get a new warrant but the car failed its inspection on several areas including faults with its suspension and warning of a low tyre tread.
On April 20, Wihongi-Henare had smoked cannabis and drunk about five bottles of beer during a game of golf before decided to drive out to Whangaruru in convoy with friends, drinking another bottle on the way.
While Russell Rd has a 100km/h speed limit, the road is winding and it had been raining heavily earlier that day.
Wihongi-Henare lost control of the car while taking a left-hand bend, fishtailing and sliding across the road to the intersection with Webb Rd, where Shepherd was waiting to cross the road with her dogs.
The car hit and killed Shepherd while also badly injuring one of her dogs.
After the crash, Wihongi-Henare had a breath alcohol reading of 353 micrograms. The limit for driving is 250mcg with drivers above 400mcg subject to criminal prosecution.
Judge Davey found Wihongi-Henare had a high degree of culpability, because of the consumption of alcohol and drugs, and because he was driving a poorly maintained car too fast for the conditions.
“You knew that the car was not roadworthy but still chose to drive it,” the judge told him.
Police create a guard of honour in memory of Gail Shepherd. Judge Peter Davey found her death was a great loss to the community. Photo/ Michael Cunningham
“I consider a high culpability or blame. There was no reason that you couldn’t have been driven by your friend.”
Judge Davey also found there was a high degree of harm, not only because of the impact of Shepherd’s death on her whānau but because of the loss to the wider community of someone dedicated to serving.
Davey started with a sentence of three years and four months, giving discounts for Wihongi-Henare’s early guilty plea, lack of previous convictions, remorse, addiction to alcohol and drugs, low risk of reoffending, potential for rehabilitation and willingness to pay reparation.
Due to the final sentence of 20 months in prison being less than two years, Davey needed to consider home detention.
But he said home detention would not be an appropriate deterrent against driving under the influence in an unroadworthy car, nor was it adequate given the level of harm to the victims and the community.
He said Wihongi-Henare was likely to continue with work after he finished his jail sentence, given he worked as a scaffolder in his brother’s company.
On top of the jail sentence, Wihongi-Henare was disqualified from driving for 20 months and ordered to pay reparation of $7500, to cover the dog’s vet bill.
Denise Piper is a news reporter for the Northern Advocate, focusing on health and business. She has more than 20 years in journalism and is passionate about covering stories that make a difference.
