Second tragic road incident for Auckland family

At Auckland District Court this afternoon James Gibbs was disqualified from driving for six months and ordered to pay $2000. Photo / File

An Auckland family has tasted tragedy on the roads for a second time and again feel let down by the justice system.

In 2000, Ron Ellyett stood before Auckland District Court and urged a judge to throw the book at a Tuvaluan overstayer who king hit his brother Jim, leaving him on life-support for a month.

Tenene Nelu and the victim clipped wing mirrors and when Jim approached to swap details, he was flattened by an uppercut and cracked his head on the ground.

Nelu was sentenced to six months of periodic detention despite the pleas of Ron, who asked the court to impose a lengthy jail term.

Nearly 15 years later, the Ellyett family were again the victims of a devastating incident.

Ron Ellyett was out with wife Rosemary celebrating his 85th birthday in January.

The pair had been out to lunch with friends and were waiting at traffic lights to get on to the motorway at the Mt Wellington on ramp.

As cars switched between lanes, 39-year-old Samuel James Gibbs - who was driving his work truck with a trailer attached - ploughed into the back of the vehicle.

"A momentary lapse in concentration," Judge Stan Thorburn called it.

Mrs Ellyett, who was driving, saw the impending collision and was able to brace herself but her husband was not prepared for the impact.

He was hospitalised with a spinal injury and died two weeks later from a kidney infection.

At Auckland District Court this afternoon Gibbs was disqualified from driving for six months and ordered to pay $2000 to Mrs Ellyett.

"Blood money," she called it.

"Money isn't the problem."

But Judge Thorburn was quick to point out Gibbs was only charged with careless driving causing injury and was not held responsible for the man's death.

Mrs Ellyett, who had been with her husband for 60 years, did not agree and felt the punishment - as it had been in the case of her brother-in-law - was too light.

"If Ron hadn't had his back broken, he wouldn't have had the other problems and he wouldn't be dead," she said.

"I just hope [Gibbs] realises he did actually kill someone in the end. That was the outcome of the accident."

The judge said the widow's response was "perfectly understandable" but believed Gibbs had done everything possible to atone for his error.

"He's a young family man doing his best to look after his family and earn an honest living. He's probably the sort of son the Ellyetts would be proud to have," Judge Thorburn said.

"An accident like this could happen to any one of us at any time."

Mrs Ellyett said the last seven months had been different without her husband.

"It hurts," she said.