Driver jailed for the death of his partner

Members of the police Serious Crash Unit investigating the death of Trudi Ruffiner at the intersection of SH1 and SH12, Ōhaeawai, in November 2019. Photo / Jenny Ling

A 42-year-old Ōhaeawai man has been jailed for just over two years after the death of his partner, who died when she fell off the roof of his car as she was trying to stop him driving.

Phillip Lance Takimoana was sentenced in the Kaikohe District Court on a conviction of dangerous driving causing the death of his partner, kindergarten teacher Trudi Ruffiner.

Judge Brandt Shortland told the court Ruffiner picked him up after work on November 6, 2019, because he was a disqualified driver. Takimoana was tired, and wanted a quiet night in at the Ōhaeawai Hotel, where they were staying, but Ruffiner wanted to socialise, and insisted he come downstairs to the bar.

It turned into a ''boisterous''argument, with Takimoana deciding to leave. He went to his vehicle in the hotel car park, and, despite being disqualified, tried to drive away.

He stopped when Ruffiner stood in front of the car. She then climbed on to the bonnet and then the roof. Takimoana then drove off, turning right at the hotel exit and right again on State Highway 12.

''Unfortunately, Trudi Ruffiner, who was still clinging on to the roof, fell from the car, hit the road and lost her life as a result,'' Judge Shortland said.

Takimoana said he didn't know Ruffiner was still on the roof, and only found out later that she had died.

The court accepted Takimoana was tired and didn't want to fight, but he had made the ''unfortunate choice'' of driving away.

''...At no time did you consider or turn your mind to the fact that you should have stopped and checked, just in case. You decided to continue on. This all happened in the space of a few minutes.''

Judge Shortland said he regarded Takimoana's actions as reckless rather than dangerous, but dangerous driving causing death was the charge he had faced.

He set a starting point of four years' jail, given aggravating features such as the loss of traction as he left the car park, failing to stop and check, the fact he was a disqualified driver, and the loss to both whānau. That was reduced to two years and two months for genuine remorse - the judge described him as ''grief-stricken'' - and the fact that he had been on restrictive bail conditions for most of last year.

He had also pleaded guilty at the first opportunity, against his lawyer's advice.

Takimoana was also disqualified from driving for a further two years and six months.

Judge Shortland said not only had Takimoana lost a partner, but a whānau had lost a mother, a sister and a loved one.

''Hopefully, somewhere along the line you will be able to find some peace in yourself,'' he said.