A tragic sequel was played out in the Masterton District Court yesterday when Sean Murphy, 18, faced driving charges relating to the accident in April last year on Westbush Road where Wairarapa College student Clayton Boyce died and two others were injured.
As driver of the car, Mr Murphy suffered severe
spinal injuries, which has left him a paraplegic in a wheelchair. He appeared in court supported by his parents. All now live in Taupo. He pleaded guilty to three charges, that of dangerous driving causing death, and two of dangerous driving causing injury and was sentenced to 300 hours community work.
Judge Michael Behrens said the maximum penalty he could impose was five years in prison, but he told Mr Murphy he was already living his prison in being disabled and he could see no benefit from imprisoning him. "He has imposed his own penalty," said the Judge.
Judge Behrens took heed from the defence case that Murphy was suffering guilt and grief and he would be prepared to spend time talking to young people about dangerous driving and present himself in his wheelchair as a grim reminder of the consequences.
On March 17, 2004, three weeks before the accident, Murphy's Toyota Starlet failed a warrant of fitness test. His lights needed alignment, right hand tyres would soon need to be replaced but were passable, a right hand front seat belt did not work and neither did the right hand rear stop light. The vehicle was also unregistered. He was driving on a restricted licence and there were five people in the car the night of the accident in Westbush Road in early April.
The court heard how the car was one of a convoy travelling at speeds of up to 100km/h when it failed to take a bend and went into the grass verge, hit a stump, became airborne and then slammed into a post, killing Clayton Boyce. Alistair Brock, 17, suffered minor injuries while Jessica Howells, 18, received moderate injuries.
Judge Behrens said when initially reading the case he was concerned about the varied reports of the speed the car was going, but further studies showed the vehicle was far from roadworthy and he quoted a tyre expert who said the varying tyre pressures on the vehicle would have made it unsafe.
"Your speed of 100km/h meant the car was unstable and you knew this," Judge Behrens told Murphy. It had been reported that he had pumped up one of the tyres in a milking shed before he had ventured out.
Also in court to hear the sentencing, were the parents of Clayton Boyce and his 21?year?old brother, Matthew.
Outside the court later, Malcolm and Wendy Boyce were visibly shaken by the sentence of community work.
"It doesn't seem much for my son's life," said Mrs Boyce. "Clayton was the baby of the family and looking forward to going to university." She said he was not one to ride around in cars and ironically was the only one in the car wearing a seatbelt.
"It really was the wrong place at the wrong time."
Mr Boyce said the accident has "screwed up" his family. He and Mrs Boyce have since separated.
