KEY POINTS:
The driver of an unwarranted and unregistered car that struck a young mother, almost killing her, has been cleared of all charges even though a judge says he knew he was driving.
The husband of Melissa Rowthorn is furious with the judge's verdict, saying his family has been let down by the justice system.
Rowthorn, 41, spent all night in a ditch, and near death, after she was struck by the car on a dark, rural road near Matakana, north of Auckland in February. She spent three weeks fighting for her life in hospital, and another four weeks in hospital rehab.
One of her neighbours, farmer Steven Terzieff, 47, was last week acquitted in North Shore District Court on charges of careless use of a vehicle causing injury and failing to stop to ascertain injury - even though Judge David Wilson QC said he believed Terzieff had been behind the wheel of the battered ute that struck Rowthorn.
Wilson said he did not believe Terzieff's alibi, that he had been at home at the time of the incident in Govan Wilson Rd. The judge said Terzieff had "hedged and avoided issues" in court and had given evidence "which couldn't be true".
"I reject the evidence of the defendant that he wasn't driving and hadn't been involved in the accident". But the judge said there was no evidence Terzieff had driven carelessly when moving on to the grass verge, possibly to avoid an oncoming car. He had no reason to suspect a pedestrian might be out there so late at night, and it was not proven he had heard his vehicle strike anyone, therefore he had no duty to stop.
"He was the driver, but the charges have not been made out," said Wilson.
Rowthorn, who suffered a crushed vertebra, fractured skull, swelling of the brain and throat and severe bruising, lay in the ditch all night clinging to life. She was found in the morning by a neighbour walking her dog and airlifted to Auckland Hospital.
Now home, the 41-year-old psychologist is still recovering from her injuries. The scars from the emergency tracheotomy are still visible. She said it was ``uncomfortable' living in the same road as Terzieff and could not understand why nobody had been made accountable.
"The bit that surprised me was the judge recognised he was the driver and he wasn't telling the truth about being out there that night,' said Melissa.
"The judge said he wouldn't notice crashing into an adult. I find that hard to believe.
"I take responsibility for going out and putting myself in that situation. The best outcome would be if everybody took responsibility and there is some understanding around it.
"But there is a part of me that doesn't understand how someone can live with themselves after doing something like that."
Melissa said she had tried not to succumb to anger, but her music promoter husband Nigel could not conceal his fury.
In a statement to the Herald on Sunday, he said: "Does the judge have the courage to explain to my son why he chose not to punish the man that nearly killed his mother? The consequence of this tragedy will affect my family for years to come."
In a court transcript, Terzieff said: "I'm not the sort of person that could run somebody over and drive away."
The Herald on Sunday tried to approach Terzieff through his lawyer Greg Bradford, who said his client was "out hunting."
Bradford said Terzieff was "relieved it's resolved and he hopes [Rowthorn] recovers."
Bradford said the case had been a "bloody shame" but supported the judge's decision. "He simply said it was an accident. Even if [Terzieff] did hear a noise - how would you know it was a person?"
The radiator fan from the Toyota Hilux was exhibited in court. Two blades of the fan had been broken and fragments were found at the site where Rowthorn was injured. Judge Wilson described that evidence as ``so compelling'.
A key piece of evidence emerged during the trial about a mysterious second vehicle which appeared from the opposite direction just before Melissa was run down. It was claimed in court Terzieff had swerved to avoid this vehicle.
The oncoming lights were the last thing Melissa remembered of that night - which was to become the longest of her life.
"I remember waking up in the ditch in the morning. I didn't know why I was there, but I knew I needed assistance. When I tried to move, I couldn't. There was pain in trying."
Reliving the incident for the first time, she said a couple of cars went past in the early hours but their lights were "going straight and I was down off the road."
"I was aware of keeping focused, I was calling out regularly through the night. That kept me focused on doing something. I thought about people I knew who had passed away.
"I thought that if I let myself go into unconsciousness I might not wake up. I was aware of losing my breath, my voice was getting hoarser."
She said victims like her were being let down by the judicial system.
``It's difficult for people to have faith in the system. My goal is to move on from it all as quickly as possible. I just want to get my life back on track.
"I need to find a way to be at peace with things. But some things don't make sense."
