By GREGG WYCHERLEY
An ambulance driver who hit an 85-year-old woman on his way to an emergency was last night found guilty by a jury of careless use of a motor vehicle.
But Brendan McInnes, aged 28, was found not guilty of a charge of dangerous driving causing death which related to the same incident.
The minimum sentence for careless use of a motor vehicle is 12 months' disqualification from driving. The maximum is three years imprisonment, a $10,000 fine or both.
The maximum for dangerous driving causing death is five years in jail.
McInnes' wife, Michelle, also a St John officer, sobbed as the verdict was delivered, but the rest of the St John officers in court showed no emotion.
McInnes and his wife rushed from the court holding hands, escorted by a flying wedge of about 15 uniformed St John officers who shoved a Herald photographer out of their way.
Marjorie McGill died after being hit by an ambulance driven by McInnes outside her Long Drive home in St Heliers on December 22, 1999.
Earlier yesterday, Judge Stan Thorburn told the Auckland District Court that ambulance officers must drive safely despite the public's expectation that they would get to an emergency scene in a hurry.
During the trial, McInnes admitted he was travelling at between 90 km/h and 95 km/h when he hit Mrs McGill en route to an emergency.
Judge Thorburn said the exemption from speeding existed because the public expected emergency services to get to a scene quickly.
"But that capacity to defend what would otherwise be the offence of speeding is not a licence for people to drive without safety or prudence in the circumstances."
During closing arguments, Crown prosecutor Gina de Graaff said McInnes fell below that standard.
Evidence at the trial showed McInnes had seen Mrs McGill from at least 145m away and could have made an emergency stop within 45m.
Instead, he took his foot off the accelerator, changed down a gear, checked his rear vision mirror and speedometer, braked "slightly," swore a bit, steered towards the right-hand side of the road and then sounded the bull-horn.
"Eight steps were taken before Mr McInnes took what would seem to be an obvious step - to brake heavily," Ms de Graaff said.
But defence lawyer Gerrard Winter said McInnes did not deserve a guilty verdict.
The law allowed him to exceed the speed limit, and traffic regulations required Mrs McGill to cross the road using common sense.
Mrs McGill had not looked left or right, nor did she hesitate while crossing the road.
Jock Lawrie, senior legal adviser for the National Distribution Union which represents St John officers, said the conviction sent a negative message to ambulance drivers.
"The basic message they get is that they should slow right down to avoid prosecution, the implication being that the welfare of injured people is placed at risk," he said.
"A guilty verdict just adds another burden to what's already a very demanding and stressful job."
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