All Black Caleb Clarke's statement outside Auckland District Court following his sentencing, where he was discharged without conviction. Video / Sylvie Whinray
All Blacks and Blues winger Caleb Clarke has been discharged without conviction for dangerous driving during an emotional court hearing.
Clarke appeared in the Auckland District Court for sentencing this afternoon. His parents Eroni and Siala, siblings and extended family were in court to support him.
“You can breathe,” communitymagistrate Lavinia Nathan said after delivering his sentence. She had earlier noted a conviction would have significantly impacted his rugby career.
Clarke was also disqualified from driving for 12 months.
Clarke broke down in tears as his sentence was delivered and hugged his family outside the courtroom.
The sentencing followed offending in December last year when Clarke fled police at high speed on his motorcycle, at one point exceeding the speed limit by 60km/h.
“This was all on me and I absolutely accept the consequences and accept the court’s decision today,” Clarke said outside court.
His lawyer, Rowan Butler, earlier sought a discharge without conviction, saying that Clarke had admitted the offending was “the stupidest thing he’s ever done”.
It had been a “lapse of judgment” and was not calculated, he said.
Clarke had pleaded guilty early and was “clearly” remorseful. He had surrendered his motorbike and had nearly completed a defensive driving course, meaning his risk of reoffending was “next to zero”.
Caleb Clarke arriving at the Auckland District Court with his mother Siala today. Photo / Sylvie Whinray
Clarke was a committed Christian who had done voluntary work for World Vision, Red Frogs NZ and other charities. He “fronted up” to police and did not seek name suppression.
“This is not someone who is seeking special treatment,” Butler said.
Clarke had received a high degree of scrutiny over the incident - arguably because it contrasted with his mild-mannered character.
He had already been “punished”, Butler said, including feeling shame or whakamā before his family, church and wider community after the offending was made public.
He had also lost two sponsorship deals.
“Mr Clarke is a … well-respected athlete who has already contributed positively to his community," Butler concluded.
“In my submission, in New Zealand we give such people a second chance.”
‘Wrong message’
A police prosecutor told the court the gravity of Clarke’s offending was “not low” given Clarke’s status as a role model.
While the offending took place at night while there was minimal traffic, it was in a residential area, at high speed, and required air traffic support.
The prosecutor acknowledged that Clarke had lost sponsorship deals and was under scrutiny from New Zealand rugby authorities after the incident. But he felt the offending was at a moderate to high level.
“For Mr Clarke to get away... would send the wrong message to the public.”
Nathan said she took into account a number of factors in her sentencing, including Clarke’s young age and the impact a conviction would have on his sporting career.
60km/h over the speed limit
The 26-year-old pleaded guilty in February to failing to stop for police and driving in a dangerous manner.
Court documents showed that Clarke had been riding his Yamaha motorbike westbound on State Highway 16 in Western Springs about 12.20am on Tuesday, December 3, when police clocked him breaking the 80km/h speed limit.
Police signalled for him to stop, using lights and sirens, but he increased his speed to evade police and made no attempt to pull over, according to the agreed summary of facts.
Clarke has played 29 tests for the All Blacks since his debut in 2020. Photo / Photosport
Clarke exited the motorway on Great North Rd and “continued at speed” towards Blockhouse Bay. Authorities noted in the document that Great North Rd is a residential area “flanked by numerous driveways and side streets” and so has a reduced speed limit. At one point, he was driving 110km/h in a 50km/h area.
He continued to evade police and ran a red light. He was tracked by a police helicopter on Great North Rd and apprehended “without incident”.
Clarke was described by police as having never been before the court before. He had panicked when he saw police, the summary of facts said.
The Blues initially issued a statement for Clarke on the same day of his guilty plea in which he described being “extremely apologetic and embarrassed” about his “error in judgment”. That was later retracted by the team, which provided another statement.
“Caleb has admitted the offending and will be sentenced in June,” the new statement read. “He will now go through both that court process and, once it is complete, an internal employment procedure. Caleb is a valued member of the Blues family and will be provided with support throughout.”
Clarke started in nine tests for the All Blacks last year and helped the Blues attain their first Super Rugby title in 21 years. He comes from a rugby union dynasty of sorts: his father, Eroni Clarke, was also a former Blues and All Blacks player, and his grandfather played for the Samoan national rugby team.
Isaac Davison is a senior reporter who covers Auckland issues. He joined the Herald in 2008 and has previously covered the environment, politics, social issues, and healthcare.
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