Street-race rival faces death charge

Matekohi Matthew Morgan was not driving the car that crashed, killing teenagers Luke Hall and Tyson Bruggy, but he appeared in court yesterday charged with their manslaughter.

In what is understood to be one of the first cases of its kind, Morgan has been charged for his part in a street race that claimed the lives of the two young men.

It is alleged that 18-year-old Morgan and the driver of another car, Ricky John Smith, began racing between Pukekohe and Waiuku in November 2004. As Mr Smith, 17 at the time, tried to overtake at between 148km/h and 178km/h, his car left the road and rolled. His passengers, Mr Bruggy and Mr Hall, both died.

The Crown case is that Morgan encouraged Mr Smith to drive dangerously, making him a party to the manslaughter. He faces two charges of causing death by dangerous driving causing manslaughter.

He denies the charges.

In his opening address, Crown prosecutor Howard Lawry said Mr Morgan's part in the race, in which he is alleged to have reached speeds that were "off the clock", was a direct cause of death.

"At those speeds it's small wonder two young men died," he said.

Mr Lawry told the jury Morgan's actions had contributed to the deaths by encouraging, or inciting, the race.

He likened the point of law to a bank robbery. The getaway driver was guilty of the robbery despite not being the man who walked in and demanded the money.

"[Mr Smith and Morgan] have formed an informal agreement," Mr Lawry said. "They've started racing and, by participating, the dangerous driving is known to be a likely consequence. It's that dangerous driving which in turn is a direct cause of two deaths."

Mr Lawry said Crown evidence would show it was not a pre-arranged race. It came after two groups met up at Sandspit Beach, Waiuku, one including Morgan and the other including Mr Smith.

Both the drivers had been drinking, Mr Lawry said, but there was no suggestion Morgan was over the limit.

They decided to drive to Pukekohe to buy alcohol and on the way back began overtaking each other at "excessive speeds". The fatal smash happened as Mr Smith tried to overtake Morgan about 2.45am on November 12, 2004.

Mr Lawry said: "Where you have two men who have consumed some alcohol and are involved in a cat and mouse race at grossly excessive speeds while overtaking each other, then both their actions have contributed to the deaths."

More than 20 witnesses are expected to be called during the trial before Justice David Baragwanath.