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The driver of a bus which hit and killed a pedestrian in central Wellington last year has been discharged without conviction.
Shaun Docherty was hit by a bus in Hunter Street off Lambton Quay in August last year and later died in Wellington hospital. He was wearing headphones at the time he was hit.
Lusitania Tongi, 43, was charged with careless use of a motor vehicle causing death.
In Wellington District Court today Judge Michael Radford said the consequences of a conviction for Tongi would outweigh the low degree of carelessness he showed in his driving.
Tongi was the sole breadwinner for his four children. He was recruited from Tonga in early 2006 to drive buses for City Line.
If convicted he would lose his job, be unable to provide for his family and his immigration status would be affected.
Judge Radford said his decision to discharge Tongi without a conviction was related to his driving, not the tragic outcome.
"I'm not suggesting for a moment that the fact that Mr Docherty died was not a grave matter. But my assessment has to be as to the degree of the culpability of the driving," he said.
Tongi only looked away momentarily from the front to check left and right before driving forward on a green light.
Mr Docherty was distracted by his music and a pedestrian crossing on a red light.
Mr Docherty's mother and brother were in court today.
Judge Radford said they had indicated in their victim statements that they did not want Tongi to lose his job or licence as a result of what had happened.
He had shown them concern and remorse since the accident, and this was a credit to both families, the judge said.
After sentencing Tongi hugged Mr Docherty's mother and brother before leaving court.
- NZPA
