Judge rejects death-crash charges

A police officer at the scene of the SH2 crash that killed Susan Pritchard. Picture / Amos Chapple

A judge has dismissed dangerous driving charges against a truck driver whose 16-wheeler overturned on a corner and threw a load of timber into the path of an oncoming car, instantly killing the driver.

Prosecutors said Garth John Young, of Coromandel, was driving too fast as his truck approached the bend, on State Highway Two at Mangatawhiri on February 15 last year.

The defence had maintained a sudden mechanical defect was to blame.

The truck's trailer unit went over at about 80km/h, spilling sawn timber into the path of a rental car driven by 46-year-old Londoner Susan Pritchard.

Ms Pritchard was killed instantly, and a passenger was injured.

The road on which the accident happened is known as the "Unforgiving Highway" and is one of the deadliest in the country.

Last year's crash brought to 39 the number of people killed on it in five years.

Mr Young told police he was travelling at between 76km/h and 80km/h when the crash happened, and a sudden mechanical defect was to blame.

The signposted speed for the corner was 75km/h.

An accident investigation showed a trailer tyre had blown out, and an axle spring was broken.

The absence of wear on the ends of the spring showed it must have failed seconds before the accident, the court hearing into the charges was told.

In a reserved decision issued yesterday, Judge Roy Wade ruled that though Mr Young was probably travelling "slightly" above the recommended 75km/h for the corner, it was "not to such a degree as would have occasioned the overturn of the trailer".

He said that although he was not fully satisfied with the mechanical-failure defence, "on the balance of probabilities" it was the most likely cause of the accident.

He then discharged Mr Young.

Franklin District police prosecutor Paul Watkins said there were no plans to appeal against the ruling, nor to prosecute anyone in relation to the mechanical failures.

"The police accept the decision made by the judge, given the evidence that was before him."

Mr Watkins said he would instruct New Zealand Embassy staff in London to tell Ms Pritchard's family about Judge Wade's decision, "as a courtesy".