Accused was racing `hard out'

The second boy racer charged with the manslaughter of 20-year-old Scott Finn, killed during an illegal street race last May, has denied he was racing against an associate's turbo-charged car before it ploughed into Mr Finn.
But Tauranga mechanic Jeffrey Luke, 20, who took the stand in the High Court at Rotorua yesterday to give evidence on day one of the jury trial for Christopher James Copping, 17, of Bethlehem, was adamant they were racing "hard out" side by side before the fatal crash.
Luke estimated his speed reached at least 130km/h on the return run to the start line.
"He [Chris] was next to me. I was giving my car everything it's got and he was keeping up ... I slightly got in front of him by maybe a car-length after I changed into third gear.
"I had just changed into fourth gear and slowed down after I saw a car in front of me with its headlights on, braked and pulled over into the left hand side of the road slightly."
Luke said he did not see Mr Finn, who he had known for about a year, before he hit him.
"I only saw someone at the last second as a black shape."
Crown prosecutor Greg Hollister-Jones told the court the tragedy unfolded in the early hours of May 19 after a large group of people congregated in Aviation Dr for the drag meet, including Greerton man Mr Finn, who was one of the two race "starters".
The Crown said the fatal collision happened as Luke and Copping, driving his father's Honda Integra, were nearing the finish of the race, having raced to the end of the cul-de-sac, turned around and accelerated back "as fast as they could go".
Mr Finn had his back turned and was talking to other people as Luke's turbo-charged Mitsubishi Galant VR4 raced back to the start-line, travelling on the wrong side of the road.
The car struck Mr Finn, who died instantly.
Mr Hollister-Jones told the jury Luke had already been dealt with by the courts after admitting a manslaughter charge. Luke was jailed for 20 months in October and had only recently been released from prison.
Mr Hollister-Jones said Copping, while not driving the car which struck Mr Finn, was equally liable for the young man's death because he was a party to Luke's dangerous driving and both took part in the illegal street race.
Luke and several eye witnesses would give evidence of hearing Copping's vehicle travelling "under hard acceleration".
CCTV footage showed the two vehicles racing before the crash and experts estimated the impact speed to be 70km/h to 100km/h, with an average speed of 91km/h _ but that was a minimum speed only.
Copping, just 16 at the time and driving his father's car while on a restricted licence, was a member of the Game Over club, which regularly raced at various sites around the city, including Aviation Dr, Truman Lane and Sulphur Point.
That evening he and two associates met up with others from the club at Truman Lane, where some illegal street racing took place, but the group scattered and headed to Aviation Dr when police arrived.
Luke said he was just talking to friends and watching the racers but joined in after the second starter, James ``Dylan' Blake, approached him, and he and Copping agreed to race each other.
Luke, who denied being a member of the Game Over club, said on the first run he had experienced difficulties getting into third gear, so backed off and Copping got ahead of him and won.
But after sorting out the problem, Luke said he caught up to Copping, drew alongside his car and explained he'd had clutch problems, before they both increased their speeds and raced back, to the start, "as fast as he could drive".
Luke said after the crash he parked, got out and sat on the roadside to wait for police, but didn't see Copping until about five minutes later when he told him not to tell police they'd been racing.
The Crown alleged Copping drove to a service station, parked, and asked a friend to drop him back at Aviation Dr.
Mr Hollister-Jones said that when questioned by police at the scene, Copping denied being involved.
When interviewed by police later that day, Copping admitted he had ``raced out' down Aviation Dr.
But he denied he had raced back to the start line, claiming he "cruised back" at about 80km/h as Luke's vehicle sped past him. He said the crash occurred while he was two car-lengths behind.
Copping's lawyer, Paul Mabey QC, urged the jury to put aside any personal views about boy racers and analyse the facts.
Mr Mabey said the key issue of the defence case was that Copping's statement to police was consistent with the evidence.
"The key issue is whether there was a race at all." Luke, under cross examination from Mr Mabey, denied he had been "playing catch up".
When asked to explain why he had raced towards a crowd of people, Luke said it was because he was competing in a race against Copping, and he was only doing exactly what other racers had done that night.
Luke acknowledged that despite his car being earlier ordered off the road by police, he had made it roadworthy so it could pass a warrant of fitness, and then changed the car's suspension back to being illegally modified.
The suspension was not a factor in the crash.
The trial, before Justice Paul Heath, is expected to last seven days.
It continues today, with further cross-examination by Mr Mabey over Luke's video interview statement made to police on May 19.
At least 24 other witnesses are expected to give evidence.