Chris Wilkinson-Smith and Simon Hewson delivered their final testimonies in the trial of James Hiroki and Carey Leask on Thursday. Photo / Bevan Conley
Chris Wilkinson-Smith and Simon Hewson delivered their final testimonies in the trial of James Hiroki and Carey Leask on Thursday. Photo / Bevan Conley
Judge Bruce Davidson is set to deliver his verdict in the trial of James Hiroki and Carey Leask
Hiroki and Leask were charged with dangerous driving causing death when their friend James Nelson died following a motorcycle accident near Ohingaiti on November 12, 2017.
On day eight of the trial in Whanganui District Court, Crown prosecutor Chris Wilkinson-Smith and lawyer for the defence Simon Hewson made their final submissions.
Judge Davidson said the strength of the Crown's case weighed heavily on the identification of a defendant by Crown witness Levi Bradnock.
Bradnock described seeing a red Harley Davidson motorcycle with a "nice little window" and handle bars at chest or shoulder height.
He also testified that the rider was wearing a German helmet and had long hair. The descriptions were a match for Hiroki - other than the hair.
Wilkinson-Smith told the court Bradnock could be forgiven for thinking Hiroki has long hair, as he is bald all over, but has a small amount of hair dangling at the back.
On behalf of his clients, Hewson agreed with the Judge that there were difficulties in the Crown's case surrounding identity.
"Another critical aspect is that the three witnesses in the Pajero, none of them described the bike coming towards them as having panniers or a windscreen as did the bike driven by Hiroki," Hewson said.
"They were obvious aspects of the bike."
Judge Bruce Davidson will determine whether or not Hiroki and Leask are guilty of driving dangerously causing death and other charges on Friday. Photo / File
At the beginning of his submission, Wilkinson-Smith said Hiroki, Leask and Nelson had left a Highway 61 Motorcycle Club event in Tauranga on the day of the fatal accident.
The plan was for them to ride together through the central North Island before splitting somewhere near Vinegar Hill, 5km north of Hunterville.
In his testimony, Hiroki confirmed that during this journey, he was involved in a collision with Crown witness Erica Bak near Bulli Point between Taupō and Turangi.
When Bak provided her testimony last week, she said she was travelling from Palmerston North to Rotorua when a motorcycle passed her heading south.
She then described rounding a corner with a recommended speed of 25km/h and seeing a motorcycle on her side of the road heading straight for her.
It was Hiroki, who hit the side of her car, puncturing a tyre and injuring himself in the process.
"What we learned from evidence provided by Mr Hiroki was that he suffered more than just the wound to the foot," Wilkinson-Smith said.
"He had fractured his knee due to twisting in the collision. In that condition and without the ability to use his brake, he carried on."
Wilkinson-Smith submitted that driving injured was evidence of driving dangerously.
On Hiroki's behalf, Hewson argued it was careless driving, but questioned whether a charge of failing to stop or ascertain injury was warranted.
"Neither vehicle is within vision of the other when they both stopped," Hewson said.
"He himself was injured and he had no reason to believe the other vehicle had stopped."
Hewson made further submissions regarding the evidence of Bradnock, who claimed he had seen damage to the right side foot pedal of the red motorcycle that passed him.
Hewson said Bradnock would have only had a view of the left side of the motorcycle as it passed and believes he documented the damage when he later passed Hiroki being arrested near Hunterville.
"He wasn't asked 'how does it come about that you see the damage on the right hand side of the motorcycle when it passed you?'" Judge Davidson said.
Hewson confirmed this was the case and said he had overlooked it when Bradnock was delivering his testimony.
Wilkinson-Smith said numerous witnesses testified to seeing the motorcyclists speeding and driving in the lane of oncoming traffic.
Some of them believed the second or middle rider, alleged to be Hiroki was "playing chicken".
Hewson said the only Crown witnesses that called the riders in for their driving were Sergeant Phillip Patterson and Constable Garrod Russell, on a list of over 15.
He also argued that they had all been seen in varying formations, sometimes together and sometimes not, discrediting the theory that they had been overtaking as a "pack".
