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Johnsonville Rugby Club says it may not be able to continue without the revenue it receives from its bar but authorities have questioned why staff didn’t recognise how intoxicated the man was.
He had been drinking at the rugby club before he ran a red light in Wellington’s CBD, striking the women on a pedestrian crossing in the early hours of June 18 last year.
Upon being arrested, Tuitama told police: “I know I shouldn’t have driven; I’ve drunk too much” and asked: “Did I kill someone?”
The Wellington District Licensing Committee yesterday heard an application by Johnsonville Rugby Football Club to renew the liquor licence for its clubrooms.
The club’s lawyer Edward Cox acknowledged the grief Cass’ family has endured as well as her father, who was present at the hearing.
“There is an obvious causal proximity between Jason Tuitama’s intoxication and the extreme harm caused,” Cox said.
“However in hearing the evidence, the committee should consider what the counterfactual might have been if all the club’s actions were the same that evening but by chance, or even the smallest amount of good sense by Mr Tuitama, less harm or no harm had been caused.”
The Johnsonville Rugby Football Club at Helston Park. Photo / Mark Mitchell
Club chairwoman Susan Poutoa was the first witness called.
On the day of the incident, there was a blazer presentation at the club for those who had played 25 games – Tuitama being one of them.
Poutoa stressed no alcohol was consumed during this ceremony.
Later, Poutoa said she had a good view of the group Tuitama was with and described them as being in good form, laughing and celebrating.
While the club has since accepted that Tuitama became intoxicated on its premises, Poutoa said it was her observation on the night there was no indication he was.
Poutoa recalled asking Tuitama’s then partner about who was driving and she confirmed that she would be.
But it was Tuitama who got behind the wheel, reaching speeds of up to 150km/h as he headed towards town.
His partner begged him to slow down and stop, even gripping his leg. Despite this, he drove at speed, running at least two sets of red lights while being nearly four times over the legal limit of alcohol per litre of breath.
Poutoa said the club has reflected on anything it could do to improve its role as a responsible host and has already made changes, including putting up signs to make it clear the changing rooms are alcohol-free zones and security for all home games.
The club also commissioned a report from Omega Hospitality on further steps to manage host responsibilities.
Poutoa said the club would do everything it could to implement the report’s recommendations.
“We are a great community club that fosters the family and cultural values that make us who we are as a club.”
Cass Maguire died several weeks after being critically injured in a hit-and-run on Cable St, Wellington.
Chief licensing inspector Judith Austin opposed the renewal application.
She questioned Poutoa’s ability to identify an intoxicated patron, given she had no formal training about the Sale and Supply of Alcohol Act.
Poutoa said she would like to think from her life experience that she could recognise when someone was intoxicated.
The committee heard that Tuitama had told police: “I just kept blacking out, that’s all I can remember.”
Austin asked Poutoa whether she stood by her statement that Tuitama did not appear intoxicated. Poutoa said she did.
Committee chairwoman Kate Thomson was also concerned that several qualified staff working that night failed to pick up on Tuitama’s high level of intoxication.
Austin suggested to Poutoa that maximising alcohol sales was important to the club.
Poutoa disagreed with this characterisation but said the club may not be able to continue without the income generated from the bar.
The club’s total income in 2023 was $217,000, of which $33,000 was generated from the bar.
Austin referenced one of the club’s annual reports, which listed a “boat race” as a highlight of the season.
A boat race is where teams race to finish their drinking in sequence. When pressed, Poutoa agreed this meant those involved were sculling their drinks.
Poutoa referred to letters of support from upstanding members of the local community, which she said indicated the club was well-run and family friendly.
Cass’ dad Paul Maguire formally objected to the club’s application.
During cross-examination, he asked Poutoa to read a section of former MP Peter Dunne’s letter of support.
“I acknowledge the incident that has given rise to the chief licensing inspector’s objections but consider that is an overreaction,” the letter said.
“While the tragedy of the case cannot be overlooked, neither can the greater positive benefit that the club’s pastoral care and general environment have provided for generations of young players over the last 24 years. Against that background, cancelling the club’s liquor licence would be an excessive and short-sighted response.”
Maguire questioned why the “greater good” of the club was given more weight than the harm that led to his daughter’s death.
“They’re pretty disgusting really,” Maguire said of Dunne’s letter and another letter that expressed a similar sentiment.
The hearing is scheduled for two days. The second day will be heard in August.
Georgina Campbell is a Wellington-based reporter who has a particular interest in local government, transport, and seismic issues. She joined the Herald in 2019 after working as a broadcast journalist.
