Kiri Allan crash: Why former Justice Minister never had to appear in court

Former Justice Minister Kiri Allan was sentenced today for careless driving and refusing to accompany police after crashing her car in July last year. Throughout her drawn-out court case, Allan never had to show her face in a courtroom – even when pleading guilty and being sentenced. The Herald takes a look at why, as well as a breakdown of what she was convicted of and why she only received a fine.

As a judge decided on Kiri Allan’s fate in court this morning, she was nowhere to be seen.

Her absence from the court might be unusual compared to many average New Zealanders who go through the justice system for a similar level of offending every day, but it is neither against the rules, nor was it out of step with her previous actions. Allan had, after all, not appeared in court once throughout the entire process.

Until today, Allan’s matter has not even been called in court and she has never had a first appearance, as all hearings have been dealt with and adjourned administratively.

The Criminal Procedure Act 2011 does not require all defendants to be present at their own hearings. Section 118 states a defendant must attend if they are on police bail, have been summoned, or if they have been remanded in custody, on bail, or at large. There are exemptions for these also.

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The legislation also allows for people charged with Category 1 offences – as Allan was – to enter their pleas by notice to the court, rather than in person.

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A Category 1 offence is one that is punishable by a fine only.

Skipping court appearances in favour of dealing with matters on the papers is available to most Kiwis charged with low-level offences, but may not be well-known.

What was Kiri Allan charged with and why was she not sentenced for drink-driving?

The short answer is that even though Allan was drink-driving that night, she was never charged.

That’s because New Zealand has two limits for excess breath alcohol. Anything over 250mcg is punishable by a police fine, much like a speeding ticket. Anything above 400mcg will attract a criminal charge.

An initial breath test indicated Allan was at 400mcg, but when she was able to be evidentially breath-tested, the reading came to 335mcg. This was recorded in the summary of facts which Allan has pleaded guilty to, and was acknowledged by her shortly after the incident in July last year.

That night Allan, who told the Herald she planned to take her own life that evening, was driving on a wet road about 9pm in Roseneath, Wellington.

Allan’s car crashed into a parked vehicle, causing extensive damage to both cars. When police arrived, she co-operated with the initial breath test, but when told she must accompany an officer back to the station for an evidential breath test, she began asking to speak to a lawyer first.

Kiri Allan has spoken about the night of the crash. Photo / Alan Gibson - Gibson Images Ltd

The summary of facts shows she was warned several times she must accompany police, but that she was eventually arrested when she would not comply.

Police offered for Allan to have a private conversation with a lawyer once she had been placed in the police car, but she declined, insisting on speaking to a lawyer on the roadside.

She was ultimately charged with careless driving, for the crash, and refusing to accompany an enforcement officer, a charge her lawyer, Chris Stevenson, referred to as “unlucky”.

Why did she receive a fine?

The offending Allan has been convicted of is low-level offending, as evidenced by the category of the offences.

The maximum penalty for careless or inconsiderate use of a motor vehicle under the Land Transport Act 1988 is a $3000 fine, and if appropriate a period of disqualification from driving.

Crown prosecutor Kate Feltham did not seek disqualification.

Refusing to accompany police attracts a maximum fine of $4500 and potential disqualification.

Kiri Allan crashed while drink-driving in Roseneath, Wellington, on July 23 last year.

Stevenson asked for her to be discharged without conviction for the latter, but Judge Brooke Gibson declined the application.

Allan had a previous drink-driving conviction from about 20 years ago. Judges will often increase sentences to take account of a person’s relevant criminal history, but in this case Judge Gibson said the last offending was so long ago it did not need to be factored in.

He fined her $300 and also ordered $5296 in reparation for the owner of the other car.

Melissa Nightingale is a Wellington-based reporter who covers crime, justice and news in the capital. She joined the Herald in 2016 and has worked as a journalist for 10 years.