Riversdale woman Tony McKelvey, 78, appeared in Masterton District Court for sentencing on a charge of careless driving causing the death of Michael 'Paddy' Janes on July 20 last year.
Riversdale woman Tony McKelvey, 78, appeared in Masterton District Court for sentencing on a charge of careless driving causing the death of Michael 'Paddy' Janes on July 20 last year.
Elderly motorist Tony McKelvey wiped tears from her eyes as she listened to how her victim Michael "Paddy" Janes' family had been coping since he was killed.
Remorse was evident as 78-year-old McKelvey sat in a chair beside the dock in Masterton District Court before Judge Bruce Davidson for sentencingon a charge of careless driving causing the death of Mr Janes.
The frail Riversdale woman was visibly upset as she was supported by a family member throughout her court appearance in which she constantly looked at her hands clasped in front of her and wiped away tears with a handkerchief.
Defence lawyer Louise Elder said her client, who had no previous convictions or driving offences, was struggling to understand what happened that fateful day on July 20 last year about noon when she crossed the centre line in her car, slamming into 77-year-old retiree Mr Janes' BMW 650 motorcycle. He died at the scene of the accident on Riversdale Rd.
"She's driven that road thousands and thousands of times ... how she ended up in the other lane is a mystery to her but she did and sadly caused the accident that caused the death of Mr Janes."
A restorative justice meeting held with the McKelvey and Mr Janes' family had been helpful, Ms Elder said.
"She has struggled with this as have [Mr Janes'] family and continue to do so ... she is truly deeply sorry about this. She will continue to feel responsible for the rest of her life. She has deepest sympathy for the family and continues to feel responsible."
Judge Davidson said it was clear McKelvey had had a "momentary loss of attention" with "sadly very tragic consequences". She was injured in the crash and was suffering health issues.
The restorative justice meeting had gone well, he said. It concluded that no way had Mr Janes been at fault. He wasn't speeding, was well within his lane when struck by McKelvey's car and wore full safety gear.
"The accident occurred due solely to the fault of Mrs McKelvey, for which she has accepted full responsibility ... Mrs McKelvey deeply regrets the inattention ... had expressed her sincere regret and sorrow to Mr Janes' widow and family in a face-to-face meeting ... they accept it must have been a very difficult thing for her to do," the judge said.
Through Ms Elder, McKelvey offered to pay two donations totalling $2000; one to Wairarapa Search and Rescue another to Camp Anderson at Riversdale.
Judge Davidson ordered she pay the donations and disqualified her from driving for one year.
Mr Janes is survived by his wife, two adult children and eight grandchildren.
