In today's headlines with Wilhelmina Shrimpton, huge inequities in policing, fire in central Auckland apartment, and concern over child language skills.
Sahil Prasad was killed instantly after Hamilton man Jack Isaac Halliday crossed the centre line and crashed into the 24-year-old’s vehicle on the evening of July 21, last year.
Halliday had earlier consumed at least nine alcoholic drinks and ignored a workmate’s plea not to drive home from Matamata to Hamilton.
Sahil Prasad (in the background) died in a motor vehicle accident when his car was driven into by drunk driver Jack Halliday near Eureka, Waikato, last year. Composite Photo / NZME
Halliday was yesterday jailed on a charge of driving with an excess blood alcohol level causing Prasad’s death. Despite Judge Stephen Clark getting down below the two-year threshold for home detention, he felt the circumstances, together with Halliday’s previous drink driving conviction, were too serious to ignore.
“Deterrence, in this case, is called for. I’m going to sentence you to a term of imprisonment,” he said.
After finishing work at 5.53pm, Halliday had five drinks with his J Swap Contracting colleagues in their Matamata workshop.
CCTV footage showed the 26-year-old then left in his work ute at 8.15pm and headed to a pub in Matamata. There, he met several workmates whom he had dinner with and drank “several” more handles and “at least” two whiskeys.
One of his co-workers, who was not drinking, was concerned Halliday was over the limit and suggested he stay at his place or another associate’s, as he’d done previously.
But Halliday ignored the concerns and left the bar at 10.45pm and drove back to Hamilton by taking the quieter roads.
Around this time, Prasad was travelling from Hamilton towards his home, which he shared with family, in Eureka.
At 11.19pm, Halliday approached Newstead on State Highway 26, on the outskirts of Hamilton. The ute’s GPS data tracked him travelling at about, or just over, 100km/h in dry weather conditions.
Prasad was in a line of traffic when the vehicle in front of him took evasive action as Halliday’s vehicle drifted across the centre line.
Rajesh and Ashima Prasad at their son's memorial site on State Highway 26, Newstead, where the 24-year-old, Sahil, was killed by drunk driver Jack Halliday in July last year. Photo / Mike Scott
Missing the first vehicle, Halliday’s ute collided with Prasad’s vehicle.
He suffered several brain and head injuries and died at the scene.
Halliday was taken to Waikato Hospital with minor injuries and was discharged sometime later.
A blood sample taken from Halliday returned a blood alcohol level of 144mg per 100ml of blood. The legal limit is 50mg.
When spoken to by police, Halliday admitted drinking but said he believed he was under the limit.
As for the crash, he said he remembered “looking down and then looking up and then hitting the headlights” in front of him.
‘There seems to be no joy in life’
Prasad’s older sister, Seenal, said she was struggling with her brother’s loss.
“I’m not able to sleep and struggle to concentrate ... there seems to be no joy in life.
“I live in constant fear of death,” she said.
“Nothing can replace my loving brother.”
His father, Rajesh, said when his son left that night he said, “See you tomorrow, Dad”, and mentioned some “exciting plans for the weekend, which never happened”.
“Our beloved Sahil left home to wish a friend happy birthday without knowing what was on his way.
Rahil Prasad and his family, from left mother Ashima, father Rajesh, and sisters Shyla, 12, and Seenal, 28. Photo / Prasad family
“When he left home we had no idea that we would not see our son’s lovely face ever again.”
Crown solicitor James Lewis said Halliday chose to drive home that night, at three times the blood alcohol limit, despite his colleague telling him he was too drunk to drive.
“But instead, the defendant chose to drive home, crossing the centre line, driving at the victim causing his untimely demise.”
‘Deeply traumatised’
Halliday’s counsel Rhianna Scott said her client was “deeply regretful and remorseful for his actions”.
He’d also penned a remorse letter which was short, but “in my submission contains genuine expressions of remorse and apologies to the family”, adding that he would be available to meet the victim’s family should they ever be ready.
Since the crash, Halliday, who was supported in court by family, had been diagnosed with PTSD and depression, and had been having sleep issues.
Scott acknowledged Halliday had since stopped drinking alcohol and driving and had left his job at J Swap to study computer science at Wintec.
“Mr Halliday is deeply traumatised and regretful for what he’s done and does seek the opportunity to re-train in a new field to give him the opportunity to rebuild his life ... and become a productive member of society.
Jack Halliday in the dock at the Hamilton District Court where was sentenced on a charge of drink driving causing death. Photo / Belinda Feek
‘You clearly have an alcohol problem’
Judge Clark noted Halliday’s previous drink-drive conviction was just seven months before the fatal crash.
“You clearly underestimated the amount of alcohol you had on board and overestimated your ability to drive.
“It’s a real concern that you were only seven months past the end of your disqualification for the [driving with excess blood alcohol].
“You have stopped drinking alcohol I am concerned that there are no independent steps that have been put before me that you have taken any steps to deal with an alcohol problem because I suggest to you that you certainly have one,” he said.
He accepted at the time Halliday was also stressed, struggling to sleep, overworked and anxious, and took time to consider whether prison would be “disproportionately severe” before deciding that the 22 and a half months would be served behind bars.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for nine years and has been a journalist for 20.