Anneli De Los Santos sentenced for Wānaka crash that killed her sister and injured four others

Anneli De Los Santos pictured leaving the Hamilton District Court last year after pleading guilty to multiple charges relating to the Wānaka crash. Photo / Belinda Feek

A woman had just arrived in Queenstown with family to celebrate her daughter’s wedding when, instead, they had to organise a funeral after she caused a crash that killed her sister and injured four others.

Anneli De Los Santos, 50, landed in the resort town with friends and family members, including her sister Joyce Fesico, on November 3 last year.

The group had two vehicles between them and De Los Santos drove one, which Fesico, 59, travelled in as a backseat passenger.

De Los Santos was driving to Wānaka when she failed to negotiate a left-hand bend and her vehicle crossed the centre line and went into the path of a minibus, which was carrying a family of five, who were touring the South Island with a driver.

Fesico, a teacher from the Philippines, died in the crash and De Los Santos’ 47-year-old front passenger suffered head and facial injuries and was airlifted to Dunedin Hospital, along with a 70-year-old woman and a 13-year-old boy from the minibus.

Today, De Los Santos appeared in Hamilton District Court for sentencing on a charge of careless driving causing the death of her sister, and four charges of careless driving causing injury.

Defence lawyer Rob Quin said it was a case of De Los Santos “driving on unfamiliar roads in an unfamiliar vehicle” and she had suffered the most tragic loss.

Quin said it was also caused by De Los Santos’ momentary inattention.

“This comes down to a momentary lapse of attention, driving an unfamiliar vehicle on unfamiliar roads at a time which should have been extremely happy for Ms De Los Santos and her family, which has unfortunately turned to tragedy.”

Anneli De Los Santos was behind the wheel of a vehicle that crashed into a minibus, killing her sister and injuring four others. Photo / Belinda Feek

But Community Magistrate Ngaire Mascelle wasn’t so sure, and from her reading of the summary of facts, she said fatigue was involved.

A serious crash report ruled fatigue was a factor in the crash as the family had travelled to Queenstown from Hamilton “very early” that morning.

‘Spun 180 degrees’

After the family arrived, they toured Queenstown before heading to Wānaka via Crown Range Rd.

Along the road, De Los Santos failed to negotiate a left-hand bend and her vehicle went into the path of the minibus.

The minibus driver tried to avoid the collision by turning his vehicle to the right, as De Los Santos’ vehicle continued across the southbound lane, into the white fog line.

But the front left sides of both vehicles collided, and De Los Santos’ hit the road before spinning 180 degrees and coming to rest on the fog line.

The minibus stopped in the centre of the road facing the same way it had come from.

Members of the public provided care to the victims as they waited for emergency services.

Fesico was found unresponsive. She’d suffered unsurvivable spine and chest injuries and died at the scene.

Joyce Fesico was a teacher in the Philippines.

The pair injured in the minibus were both asleep at the time of the crash and suffered fractures and internal bleeding.

The remaining minibus passengers were not injured but were taken to Queenstown Hospital for assessment.

According to court documents obtained by NZME, De Los Santos told police she could recall driving along Crown Range Rd but couldn’t remember the lead-up to the collision or explain why she crossed the centre line.

‘They don’t want anything from her’

In court, Quin told Mascelle that although De Los Santos was a New Zealand resident, she had been living and working in Qatar as an administrator for a medical supplies company.

After the crash, she travelled to the Philippines to attend her sister’s funeral before returning to New Zealand to appear in court.

Quin said police had agreed, after discussions, not to push for a sentence of community work, which would normally be sought, as it would be too onerous on his client as she would have to fly to Qatar and back, and likely lose her job.

He said her family had sorted a reparation payment, but the minibus tourists were not interested in receiving monetary compensation for their medical expenses.

“They are extremely supportive of Ms De Los Santos ... but don’t want anything from her. No reparation is sought,” he said.

‘Very tragic set of circumstances’

Mascelle said the crash involved “a rather unique set of circumstances”, given it was De Los Santos’ sister suffering the most consequence of all, and the other victims were “very sympathetic” and not asking anything of her.

“I realise you lost your sister in the incident, which is very difficult, I imagine, for you.”

She referred to the summary of facts and noted De Los Santos “had maybe briefly drifted off [asleep]” while driving, referring to the vehicle having veered across the centre line and staying there.

“There was no suggestion of there being any aversion attempt,” she said.

“As has been acknowledged, the error in your judgment has caused someone to lose their life, and you reflect on that greatly, given it’s a family member, so it’s impacted in the most tragic way on so many lives and yours included.”

Mascelle accepted De Los Santos was remorseful and had no previous convictions.

She said no sentence would make De Los Santos suffer any more than she currently was.

“I am able to step back from a community work sentence.”

Instead, De Los Santos was convicted and discharged, and disqualified from driving for 18 months.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.