Fury as fatal crash driver avoids jail

File photo / Bay of Plenty Times

The family of a 37-year-old pregnant woman who was killed when her epileptic partner drove at speed into a Hamilton car yard are angry that he has escaped jail.

Riki Kelly, 36, was yesterday sentenced to four months' home detention but the family of Petula Maxine Warren are disgusted with the penalty.

Kelly's car left Hamilton's Avalon Drive at speed and crashed into Barry Heerdegen Cars, rolling over several parked vehicles in the car yard on January 15 last year.

He admitted he had not taken his medication three days before the crash.

Ms Warren - a mother of five - died instantly. She was five months pregnant to Kelly at the time.

Linda Davies, Ms Warren's mother, was angry at Kelly's sentence, the Waikato Times reported.

She expected he would be jailed for at least three years, and was "disgusted" that he would have to wear a home detention bracelet instead of serving time in jail.

She also questioned Kelly's explanation of the crash, after he admitted he had stopped taking his medication and "most likely" had a seizure behind the wheel and lost control.

Ms Davies said eye witnesses had seen his car swerving between traffic just before the crash, and she did not believe he had a seizure.

Epilepsy New Zealand national president John Molineaux said most epilepsy sufferers used their own judgment when it came to driving.

He said the general rule is epilepsy sufferers must not drive for a year following a seizure.

Mr Molineaux said epilepsy sufferers medicated for their condition would be advised by their health professional about not driving.

Kelly was sentenced in Hamilton District Court yesterday after earlier pleading guilty to a charge of dangerous driving causing death - which carries a maximum penalty of five years' jail.

He was ordered to pay $6000 in reparation to Ms Warren's family and $1000 to car yard owner Barry Heerdegen.

Kelly was also disqualified from driving for 15 months, and ordered to complete 60 hours' community work.

Judge Denise Clark acknowledged Kelly was genuinely remorseful but said he did not appear to fully understand the seriousness of not taking his epilepsy medication.

Ms Davies said her daughter was widely missed.

Her granddaughter, Shadae Strongman, then eight months old, was also critically injured in the crash.

Shadae's mother, Jackie Leef, said the past 12 months had been extremely difficult with her daughter having to have five neurological operations.

- NZPA