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Home / Hawkes Bay Today

Bay pie-maker caught driving at 202km/h

By MARK STORY
Hawkes Bay Today·
13 May, 2011 06:00 PM3 mins to read

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A Hastings bakery owner has been clocked driving at 202km/h by a police constable who also happened to be his brother-in-law.
Officers who pulled over James Stanley Buckrell, 36, on January 29, said the late-model V8 Holden Commodore sounded like a "rocket" as it headed toward their parked patrol cars at Trinity Hill Winery about 12.30am.
The co-owner of BJ's Bakery, who was driving the Commodore south on SH50, was first clocked by his brother-in-law, Senior Constable Tim Rowe, who pursued Buckrell yet didn't realise who it was until he had stopped.
The two officers at the scene gave evidence in Hastings District Court this week, where the baker defended a charge of driving at dangerous speed.
Mr Rowe told the court the vehicle "literally sounded like a rocket ... it was definitely flying".
He said when shown the radar reading of 202km/h, Buckrell said he had sped due to being "frustrated" and "p****d off" after arguing with his partner.
Another officer present, Constable Brendon Berkett, who recorded the identical speed on his radar, took a photograph of the reading. "I've never seen 202km/h," he said.
Judge Geoff Rea asked him if he regarded the photo as a "souvenir". "Yes, I was going to show the boys at work ... it was quite impressive," Mr Berkett replied.
Buckrell's lawyer, Richard Stone, questioned Mr Rowe about the relationship with his client's sister.
"Is it fair to say the two families don't get on?"
"Correct," the officer replied.
He later questioned Mr Berkett as to whether he knew of the relationship, yet was warned by Judge Geoff Rea: "If you're suggesting the constable [Rowe] came here today to lie because of a family dispute, then you need to put it to him."
Auckland-based accident investigator Neil McKay appeared as a defence witness and focused on whether Buckrell's speed would have posed danger to any traffic leaving Te Awa Winery.
Presuming cars exited the winery with their headlights on, Buckrell would have been able to detect them and either stop or react, despite travelling at 202km/h - 56 metres a second, he said.
His evidence was slammed by police prosecutor Andy Horne, who said it presented a "best-case scenario" and "glossed over" possible road hazards such as wandering stock, farm driveways, a possible tyre blowout and pot-holes.
In closing submissions, Mr Stone asked whether speed alone was sufficient to amount to danger - and questioned whether prosecution had proven "a reasonable likelihood of danger".
Yet Judge Rea quoted earlier case law where a judge had stated the greater the speed the more compelling the "inference of danger" would be.
"Any number of circumstances could have happened at a speed of 202km/h," he said, finding the charge proven.
"This speed was not only dangerous - it's absolutely crazy."
Buckrell was fined $1250 plus court costs of $132 and disqualified from driving for eight months.

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