In January last year, the father arrived home from work in his van and drove up to a skip bin to empty the day’s rubbish from the van.
His son, 5, ran up from the house and helped put the rubbish in the skip, then climbed on to the bumper of the van, holding on to the rear window wiper for support. His father drove back toward the house and pulled into a laneway in preparation for reversing into his parking space.
This was where his son would normally jump off, but as the father began reversing he thought he heard his son calling out. He immediately got out to check and saw his son underneath the vehicle.
He jumped back into the van and pulled forward to free the boy, but it was sadly too late. He had suffered severe head injuries and was pronounced dead at the scene.
In court, defence lawyer Shane Robinson said the case was a tragic accident that his client would carry with him for the rest of his life.
“He’s been punished for his mistake already.”
Reading her victim impact statement to the court, the man’s partner spoke of his struggles growing up in an abusive environment that led to a life of crime.
But with the birth of their son, he was determined to be a good father and was very involved in their children’s lives. He coached one son’s rugby team and attended the other’s school camp.
He’d launched his own business three years ago, even taking on a young employee whom he mentored. That business sponsored the local rugby club and gym group.
She said the death of their son had been the hardest thing they’d ever gone through as a family. But since the tragic accident, her partner had taken every opportunity available to him. He had undertaken counselling, attending a parenting course as well as a men’s support group.
She told the court no sentence could punish her partner more than he’d already punished himself, but it would impact her and their other son.
Crown prosecutor Wilber Tupua opposed a discharge without conviction, submitting the gravity of the offending was serious.
But he did not oppose the granting of permanent name suppression.
Judge Barbara Morris told the court the man could take some comfort in the fact that his actions that day were something parents did with their children all the time.
But she acknowledged the boy’s death had caused “insurmountable grief” for all.
She said the man would revisit the event often - consequences the judge said should not be underestimated for him or his partner.
In granting his application for a discharge without conviction, the judge wished him well.
“I hope that you and your family can get on with your life in the knowledge that your young son would be proud of you and everything you have achieved for the benefit of your family.”
In granting permanent name suppression she acknowledged the man’s partner, saying publishing his name would cause the family extreme hardship.
“She has suffered significant mental health ramifications, that one might expect. She remains in a brittle state, that one might expect. There is a fragility in this family, as one might expect.”
Finally, the judge declined to impose a disqualification period, saying the incident happened on a private road and the public had nothing to fear.
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.
