Drink-driver should be up for manslaughter: widow

Alison Downer. Photo / Mark Mitchell

The grieving partner of a cyclist killed by an elderly drink driver is furious the woman has not been charged with manslaughter.

Alison Mary Downer, 71, yesterday admitted in Levin District Court causing the death of Frank van Kampen while driving drunk.

Downer did not react to the audible distress of Mr van Kampen's partner, Jude Pauwels, who was sitting in the public gallery with supporters and her infant daughter and broke down when the accused entered the courtroom.

Acting Sergeant John Battersby, prosecuting, told the court that on September 18 Downer was driving along State Highway 1, heading north from her Te Horo home, where she had drunk "a quantity of wine".

She had crossed the centre line several times and veered back, before hitting Mr van Kampen from behind as he cycled along the cycleway.

The 46-year-old was thrown into the air and over the top of Downer's vehicle. He died instantly.

Downer smelled strongly of alcohol and, when spoken to, could not recall hitting the cyclist, Mr Battersby said.

She was co-operative with police and expressed sympathy to the victim's family. An evidential breath test showed 716 micrograms of alcohol per litre of breath - the limit is 400.

Judge Les Atkins ordered a pre-sentence report, which will not be ready until February. Downer will be sentenced on February 3.

Outside the court, Ms Pauwels was outraged that Downer had not been charged with manslaughter, saying the charge she faced was "appallingly inadequate".

Change was needed to toughen up drink-drive laws, she said.

Downer "has no idea what she has done to my family and Frank's family. We have a life sentence. It's disgraceful."

Ms Pauwels said it was the second time she had been widowed and her son Dante, 13, "has lost two fathers".

Downer was granted bail on condition she does not drive, has no contact with Mr van Kampen's widow or family, and lives at an approved address.

She has two previous drink-driving convictions and faces a maximum of five years behind bars.

- NZPA