Haumoana man wins appeal

Kay Hamilton pictured after her fox terrier dog was hit by a quad bike and killed.

A motorcyclist who fatally hit a puppy along Haumoana Beach has successfully appealed his dangerous driving conviction.

Adam Rayner, 29, was riding a three wheeled motorbike and towing a trailer carrying two friends along the Hawke's Bay beach on January 9 this year. He struck Rosie, an eight month old miniature fox terrier, who was being walked off a leash by her owner, Kay Hamilton.

Mr Rayner was convicted of dangerous driving, ordered to pay $2000 in reparation and disqualified from driving for six months following a judge alone trial on July 3 at Hastings District Court.

Last week Justice John Faire delivered his reserved decision at the High Court in Napier and said he was "not satisfied" the evidence against Mr Rayner was "sufficient to prove this charge".

Ms Hamilton told Hawke's Bay Today about how she was coming to terms with the loss of Rosie and was ready to move on from the case, despite the successful appeal.

"I can sleep at night, knowing what I did for Rosie.

"Most people are quite courteous and slow down along the beach now. It has certainly highlighted that the beach needs to be shared."

She said many Haumoana residents were not prepared to tolerate motorcyclists speeding, overloading or riding without a helmet.

She added she was now cautious while walking her new puppy, Missy, along the beach, often holding it in her arms.

Mr Rayner's lawyer, Susanne Lott, said in support of her client's appeal that the court had erred in its assessment of the reliability of witnesses, erred in the weight given to the evidence before it, and took into account irrelevant evidence while ignoring relevant evidence.

She added Ms Hamilton's evidence is "unreliable due to her poor vision, lack of expertise in assessing speed, and admission that she was not paying attention to the speed of the bike or details of the incident".

"Mr Rayner's evidence is more reliable as he has ridden farm bikes for 10-12 years," she said. "Further, his account of the incident was supported by the person who was a passenger in the trailer."

Ms Hamilton first contacted police after seeing news reports about quad bikes speeding out of Waimarama. She reported the incident to police and media five days later.

"What is particularly unfortunate in this case is that there was not opportunity given to the police to attend the accident scene and take precise measurements," Justice Faire said.

He said there was "not sufficient" evidence to conclude Mr Rayner's trike was being driven in close proximity to members of the public, or in a dangerous manner.

"It is very unfortunate that Rosie lost her life as a result of this incident."