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Home / Northern Advocate

`Justice has been done'

Northern Advocate
30 Nov, 2007 04:59 AM5 mins to read

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Seventeen months and 18 court appearances later, the grieving parents of Dargaville teenager Timothy Joe Honore say justice has finally been done.
Ryan Bricknell, 32, was yesterday convicted for careless driving causing death, fined $1000 and disqualified from driving for nine months.
"We now have a feeling of relief because we finally
have a conviction," Dennis Honore said.
His wife, Pip, said the sentence was "inconsequential".
"No amount of money or disqualification can bring Tim back ... Reliving the events of his death through months of court appearances has been agonising and contributed to the heart attack Dennis suffered earlier this year," she said.
They said they were disappointed Bricknell had pleaded not guilty to charges of careless driving causing death and failing to stop to ascertain injury. In July a jury acquitted him of the charge of failing to stop.
"We were so disappointed in this verdict ... We were astounded he pleaded not guilty - a guilty plea would have indicated his remorse ... it was fine for his lawyer to read it (a statement of his remorse) out yesterday, but we should have heard that 17 months ago.
"We now feel he has been made accountable. He was found guilty last month, but the application for a discharge without conviction was hanging over us.
"At some stage I may be able to forgive him, but not his actions. The rawness of that night is still there, even today."
The 18-year-old was studying for a Bachelor of Graphic Design and had been celebrating with friends on the night of the accident. The youngest of three children, he was "never too cool to kiss or hug his parents in public", said his mother.
They told the court yesterday they had been deluged with love, comfort and understanding since Tim's death - but no amount of support or pity could heal their wounds.
Family and friends will hold a private ceremony to scatter Tim's ashes at his lifelong home in Te Kopuru on New Year's Eve.
* Families express their pain
Timothy Joe Honore ... his parents say his death was a "crushing blow" to the family, his girlfriend of 18 months and other friends who were struggling with the "what ifs".An accident a year-and-a-half ago that devastated two families had its conclusion in the Dargaville District Court yesterday.
Ryan Bricknell, 32, a manager from Dargaville, was convicted and sentenced on a charge of careless driving causing the death of 18-year-old Timothy Joe Honore.
Around 9pm on June 30 last year, Mr Honore fell off a small motorbike at the intersection of Tirarau and Parore Streets. While he was still lying on the road, he was struck by a car driven by Bricknell and killed.
Bricknell was initially also charged with failing to stop to ascertain injury - he fled to a Brethren church, from where he phoned the police - but was acquitted on that charge earlier this year.
On October 30, Bricknell was found guilty of careless driving causing death and remanded for sentencing by Judge Keith de Ridder. Yesterday defence lawyer Grant Illingworth QC sought a discharge without conviction, saying a conviction would be out of proportion to the gravity of the offence. It would also have serious consequences for Bricknell and could stop him visiting family in South Africa.
"And what will happen in the community in which he lives? It is not an exaggeration to say he will be labelled as `the guy who killed Tim Honore'," Mr Illingworth said.
But Crown prosecutor Kim Thomas said many of the reasons given by the defence for a discharge were speculative.
In an emotional statement and with faltering voices, Dennis and Pip Honore told the court their son's death had delivered a "crushing blow" to the family, his girlfriend of 18 months and other friends who were struggling with the "what ifs".
They had waited for the "slightest sign of remorse or responsibility" from Bricknell, but in vain.
"We know that Tim's death was the result of a series of misjudgments by several people, including Tim ... we have never sought retribution. We have sought acknowledgment of your (Bricknell's) part in this tragedy and honest answers to the questions that have tormented us. By denying your responsibility, you have denied us the opportunity to forgive, and the peace of mind that comes with forgiveness."
But Mr Illingworth said his client was, and continued to be, remorseful: "Tim's parents appear to have come to the conclusion that Ryan is uncaring. Nothing could be further from the truth." Reading from the defendant's statement, he said Bricknell would have the event on his conscience for the rest of his life. "I can only guess the grief and pain they are suffering Every time I re-live the experience I wish I had seen Tim in time to stop ... I am totally remorseful," he wrote.
Bricknell's father-in-law, Don Campion, read a statement, vouching for his character and saying his life has been turned upside-down by the accident.
"Any lessons from the accident have already been learned. He feels the deepest sense of remorse and he would do anything in his power to put things right," he said.
Yesterday Judge de Ridder dismissed the application for a discharge, saying there was nothing in this case that made it different to any other.
He convicted and fined Bricknell $1000 and disqualified him from driving for nine months. The maximum penalty is three months prison and a $4500 fine.
In sentencing, Judge de Ridder told Bricknell the accident had been a tragedy in every sense of the word. "This sad and devastating event arose from human error. I am satisfied you are remorseful. I hope for both families this brings some sense of closure."

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