KEY POINTS:
An Austrian tourist who killed four motorcyclists and injured two others in a moment's carelessness says she will grieve with the victims' families for the rest of her life.
Heike Schellnegger, 30, an architect, pleaded guilty to four charges of careless driving causing death, and two of causing injury by careless driving after her campervan ploughed into a group of motorcyclists near the South Canterbury town of Fairlie this month.
At her sentencing in Christchurch District Court this afternoon, she avoided a fine but was ordered to pay $31,000 in emotional harm reparations to families of the four deceased and two men injured in the carnage.
Schellnegger, through counsel Richard Raymond, had indicated that she would make her life savings of some $38,000 available for reparations and compensation to the victims.
Judge David Saunders said imposing a fine was unnecessary and the court's primary sentencing needs could be met by compensating the deceased's families and the two injured motorcyclists.
Schellnegger was also disqualified from driving for 12 months.
Judge Saunders made an order returning her passport so she and her partner could leave New Zealand immediately after making arrangements for the reparation payments.
Gavin MacDonald, of Timaru, died at the scene of the crash on State Highway 79 about midday on December 2. His 11-year-old daughter Olivia died the following day at Christchurch Hospital.
A British man and woman who had been living at Pleasant Point near Timaru for the past six months, Jonathan Hale and Vivian Butler, both 31, were also killed.
Judge Saunders ordered Schellnegger to pay $18,000 to Mr MacDonald's widow.
The Hale and Butler families would get $6000 each, with the two injured motorcyclists each receiving $500.
Mr Hale and Ms Butler were front riders in the annual toy rally organised by the Timaru branch of the Bikers' Rights Organisation to collect Christmas gifts for needy children.
They couldn't avoid Schellnegger's van after it drifted into grass on the left side of the road, over-corrected and veered across the centreline to strike the motorcyclists head-on.
The second bike was carrying Mr MacDonald with his daughter riding pillion.
Two other riders swerved or struck other vehicles and received fractured bones and cuts.
Before Schellnegger's sentencing today Mr Raymond took the unusual step of seeking leave to address victims' family members attending the hearing.
"To the MacDonald family, who are in court, the Hale and Butler families who have returned home, I extend my sincere condolences for your terrible loss," he said.
Schellnegger had met several members of the MacDonald family and earlier with Mr Butler's father and his son in emotional restorative justice meetings.
"Heike has apologised to you with all of her heart," Mr Raymond said.
"She does not expect forgiveness, but she is so grateful for the words of support she received, which took courage and an amazing spirit of forgiveness and compassion."
Any loss of life was tragic, but the circumstances of this case made it even more so, Mr Raymond said.
"Heike will not, ever, forget your family, the Butlers and the Hales."
To the MacDonalds, he said that as they gathered each Christmas in particular to celebrate as a family they would remember the tragic crash, "but cherish the memories of Olivia and Gavin".
"Heike and her partner, Alexander, want you to know that wherever in the world they may be, they too will be reflecting, remembering your loss and grieving with you."
Mr Raymond said it was the most difficult sentencing he could remember.
Schellnegger's momentary lapse of attention and carelessness was "low to moderate" in the scale of offending "but with such devastating consequences".
"In a split second the lives of so many people have been affected forever," he said.
In restorative justice meetings, Mr Raymond said, the MacDonalds had shown "wonderful compassion" and Mr Butler's father has told Schellnegger she must not stop developing her life. Olivia MacDonald's sister had the "courage and maturity, notwithstanding her years to say she didn't apportion any blame".
Schellnegger had 12 years' driving experience and after arriving in New Zealand for a month-long trip on November 6 had driven their hired campervan around both islands taking "the typical tourist route" and sharing the driving with her partner without incident.
Mr Raymond said Schellnegger's partner was reading a map immediately before the crash, looked up and saw the campervan apparently drifting onto the narrow grass verge on the left of the road and likely to hit a roadside marker post.
While such posts were flexible in New Zealand, in Austria they were solid. Fearing the van would hit a post he yelled "Heike" and Schellnegger overcorrected, losing control of the vehicle.
Mr Raymond told the court every driver at some stage had experienced moments of carelessness without major incident.
"Unfortunately in this case there were the most terrible consequences imaginable."
Judge Saunders said the word "tragedy" was an often overused word in court.
"But by any measure this was a truly ghastly tragedy."
He noted there were no aggravating features, such as alcohol or speed, that had contributed in any way to Schellnegger's carelessness.
The judge also acknowledged Schellnegger had "very generously" offered to make all her life savings, which included a $30,000 legacy from her late father, available to the victims' families.
At the end of the sentencing he asked all in the court to stand for a moment to reflect on the tragedy and to acknowledge the value of the people who lost their lives.
- NZPA
