Exclusive Brethren crash: Families call for leniency

Family members of the three Exclusive Brethren church members who died in a fatal crash asked police to show leniency towards the driver who caused the tragedy.

Church member Russell Stewart pleaded guilty in January to causing the deaths of his 48-year-old wife, Susanna, their 16-year-old daughter Sadie, and family friend James Wearmouth, 18, in the crash on June 6, 2016.

Stewart was sentenced to four months' community detention and disqualified from driving for one year, a sentence which has upset some members of the wider Northland community.

On July 22, 2016, Grant Illingworth QC wrote to police on behalf of the Hewetson (Susanna's family) and Wearmouth families. Illingworth explained the contact was requested by the relatives "so that you can be properly informed as to their attitude in relation to the investigation currently taking place in relation to the driver of the vehicle, Russell Stewart".

"It is obviously a matter of great sadness for the church community that three of their members died as a result of the accident," Illingworth wrote, in the letter obtained by the Herald under the Official Information Act.

He wrote that one of the "Christian percepts that unites them as a community" was the principle of "forgiveness".

The letter said the families believed at the time of the crash that Stewart was "suffering from stress as a result of certain personal circumstances he was going through at the time".

The tragedy had "driven Russell to the brink of despair".

"The loss that Russell has suffered as a result of the accident constitutes a punishment far beyond anything that the law could now impose upon him. He will obviously have to live with the consequences of the accident for the rest of his life."

While stressing that the letter was not intended to put pressure on the police "in relation to the decision to prosecute", Illingworth wrote that "both families consider that a high priority should be placed on rehabilitation".

That included consideration that Stewart – "an upstanding member of the local community and church community" – would have to care for his and his wife's youngest two children.

Sadie Stewart, Jamie Wearmouth and Susanna Stewart died in a car crash near Dargaville on Queen's Birthday Weekend 2016. Photo / Supplied

"A custodial sentence would also seriously compromise the efforts of Russell's friends and family, within the church community, to get his life, and that of his remaining family 'back on the rails'," Illingworth wrote.

"Both families appreciate that their legal views can be taken into account only to the limited extent permitted by the due legal process that is currently being undertaken in relation to the investigation of the accident.

"Nevertheless, they respectfully request that, so far as possible, the investigators should bear in mind that the Wearmouth family and Hewetson family have forgiven Russell Stewart in accordance with their Christian beliefs."

Illingworth added that they "did not seek revenge or retribution in any form".

"They simply ask that the maximum allowance possible should be made for the need to rehabilitate Russell Stewart as a law-abiding and responsible member of the Northland community and of their church community."

Stewart, aged 51, manages a family-run clothing company in Kaiwaka and employs 35 staff.

The crash happened after a group of Exclusive Brethren members had spent the day a Ripiro beach. There were eight passengers in the five-seater Mitsubishi Triton driven by Stewart.

He was initially charged with three charges of careless driving while under the influence of drink or a drug causing death, four of careless driving causing injury under the influence of drink or a drug, and one of failing to stop to check injury after an accident.

On the eve of his trial, the Crown decided to withdraw the more serious charges of driving with excess breath alcohol and leaving the scene. Stewart was convicted of three counts of careless driving causing death and four of careless driving causing bodily harm.

On the day of the crash Stewart was driving east along Baylys Coast Rd when he missed a moderate right-hand corner. His overloaded ute struck a tree about 6.40pm according to the traffic crash report, which was among a raft of documents obtained under the Official Information Act.

The documents revealed Stewart had been drinking and had ignored a 65km/h advisory speed sign. The ute had no mechanical faults but its tyres were deflated.

The documents also revealed that witnesses to the crash told police a "clean-up crew" of church members tried to take control of the crash site – which happened after a church gathering at a nearby beach.

One witness claimed that more than 20 members of the church group swarmed over the site. A witness said they appeared to be trying to keep the events a secret.

A traffic report said Stewart "decamped from the scene of the crash almost immediately".

He was later found outside a café. Information provided by police under the Official Information Act revealed he told officers: "I think that I blacked out. That's the thing, I just don't remember. One thing I was going along fine, the next thing there was a shower of stones. That's it."

Russell Stewart in Whangarei District Court in February when he was sentenced for careless driving causing injury and death. Picture / Michael Cunningham

When found by police a breath test recorded 298 micrograms of alcohol. The legal limit is 250mcg.

A police source told the Herald no phone calls were made to emergency services by any members of the Exclusive Brethren.

The source also revealed church members "were all prepared to give evidence in support of Russell Stewart but not against him".

The only church member to give a statement to police was Philip Wearmouth – a relative of James'.

His statement, obtained under the Official Information Act, stated: "I came across the crash 30 seconds after it happened. Russell Stewart was driving. Russell ran off".

Wearmouth and his wife initially agreed to be interviewed by the Herald this week on the basis questions were emailed to them. They later declined saying "this was a very tragic scene that we experienced and we have [found] your questions extremely insensitive .

"We have been deeply affected by the private tragedy and the loss of those we know well".

The Weekend Herald this week approached Stewart for comment at his Paparoa home. He told us to "get off my property" and threatened to call the police.

Illingworth told the Herald he was unable to comment, apart for stating "all of the people involved in that situation were part of the same church community. They care for one another and have a relationship with one another that is important to them".

Northland community divided over fatal crash sentence

Their lifestyles are worlds apart but the Exclusive Brethren and the livelihoods of Northland locals depend on each other.

But Russell Stewart's sentence of four months' community detention and a one-year driving ban has split the township of Maungaturoto – where a lot of Exclusive Brethren members live – and other areas in Northland.

Some locals are furious and believe he "got off lightly" but are too frightened to say much – saying they fear going public will impact on business arrangements.

"We don't want to bite the hand that feeds us" said one businessman.

"It's a small town and we all have to live together. There is a lot of respect - they provide employment and they are good employers," another member of the local community said.

An injured Russell Stewart shown here outside a cafe after the crash near Dargaville.

But the woman understands why locals are furious, saying the four-month community sentence after the crash which killed three people was light.

"You would want some form of justice. You would want him to pay for it some way otherwise you are saying that the loss of lives is only worth four months of community detention."

Genea Evans, a care giver and volunteer ambulance officer was off duty the night she stopped to help .

She is still too traumatised to attend some 111 call-outs.

"All I can say is there is a lot of anger from the Dargaville people. I am disgusted. I was angry no one called 111 – who does that?"

In her police statement, obtained under the Official Information Act, Evans said "Brethren women gathered around and approached me, they were watching".

"They then questioned me. It was rude the way they approached me. They were forceful and confronting.

"They said, 'She's alive, she was alive. She was breathing. What are you doing? She's not dead'."

A farmer who lived nearby and spoke to the Herald said one worshipper had told him, "God has done this for a reason".

Evans was appalled to find empty bottles in the vehicle.

A shopkeeper said Stewart's sentence had caused upset in the community.

"I think what he did was punishment enough. But there is a divide between the Brethren and the locals," the woman said.

An ex-member of the Exclusive Brethren who left the church several years ago said she was also upset about the sentence, saying it "wasn't fair".

"He left the scene and [was responsible for the deaths of] three people and gets four months," she said.

The woman had fond memories of Susanna Stewart describing her as a "lovely, bubbly person".

The woman added there was a drinking culture within the church community.

It was a view backed by a local bottle store shopkeeper who said members enjoyed "top shelf" spirits.

She said it was not uncommon for members to buy a case of Johnnie Walker Red label whiskey for the weekend.

"Sometimes you see them every week," she said. "Everyone knows they are big drinkers."

She added church members generally kept to themselves.