Helen Clark's civilian driver in last year's high-speed motorcade believed he had the Prime Minister's approval for his actions, his lawyer has told the High Court in Timaru.
The driver, who has name suppression, is appealing against his conviction and sentence on charges of dangerous driving and following too closely,
laid after the motorcade trip from Waimate to Christchurch airport in July last year.
Justice Cooper reserved his decision.
Defence lawyer Jonathan Eaton said yesterday that the driver believed he had the tacit approval of the motorcade commander seated alongside him and of his passenger, the Prime Minister.
The man had seriously considered whether he should continue in his position as a VIP driver.
He was now apprehensive and nervous being at events where media and police were present, because many people knew who he was and he felt he could be identified and talked about.
Although in his decision the district court judge had referred to the motorcade travelling at speeds of 150km/h when the vehicles were only 1 1/2 car lengths apart, and speeds of 150 to 170km/h when they were up to three car lengths apart, none of the witnesses had given that exact evidence.
Mr Eaton said his client had not caused the situations during the motorcade.
They were caused by the driver of the lead vehicle.
Since the judge had found the case so exceptional as to warrant not imposing the usually mandatory disqualification, Mr Eaton said it followed it was a case suitable for a discharge without conviction.
He said his client was the least culpable of the three, if for no other reason than he was a civilian involved in a police operation.
For the Crown, Tim Gresson said the motorcade vehicles had operated collectively together, travelling at the same speed, travelling close together and passing on yellow lines when there was limited visibility.
He accepted that the civilian driver had been in a difficult position, but he ultimately had to make his own decisions when it came to the way he drove.
The man was a professional driver and knew his responsibilities. He had not questioned the motorcade commander in any way.
Mr Gresson said the charges could have been avoided if at least some of the defendants had made proper inquiries on why they were travelling in the manner they were.
- NZPA
