Coroner: Motorcyclist’s speed a factor in Edward Duffy’s fatal mobility scooter crash

Edward Duffy, also known as Eddie Duffy, was killed in a road crash after buying plants for his beloved garden. Main photo / Maryana Garcia. Inset / Supplied

An 88-year-old dedicated gardener, father and husband crossed a busy road on his mobility scooter against a red pedestrian signal.

Within moments, he was dead.

As he crossed, Edward Duffy had seen a motorcycle approaching him at speed and tried to avoid a collision by turning his scooter.

However, the motorcycle struck the left rear side of the scooter, throwing Duffy to the ground.

He died at the scene in Rotorua’s CBD near the intersection of Tutanekai and Amohau Sts.

Despite Duffy having crossed when he was not meant to, the fatal November 2023 crash would likely never have happened if the unlicensed motorcyclist, Colin Rondon, had not been speeding, a coroner has found.

Duffy’s son, Tom Duffy, dubbed it “a disaster just waiting to happen”.

“It was inevitable,” Tom said, speaking of the circumstances of the crash and Rondon’s poor driving history.

Edward Duffy pictured with his late wife, Sally.

Today’s findings by Coroner Ian Telford stated Rondon had been riding at speed through Rotorua for some time before colliding with Duffy.

Dash camera footage captured him travelling before the collision at an average of between 131 and 133.9km/h along a road with a speed limit of 70km/h.

As he entered a 50km/h speed zone, he was the first vehicle in the lane and stopped for a red traffic signal. CCTV footage showed that, when the light turned green, he accelerated heavily and rode at an average speed of between 115.7 and 118km/h.

The collision with Duffy occurred shortly after and Rondon was believed to have been travelling about 98km/h before impact.

An ‘appalling’ criminal history

Rondon sustained minimal injuries and was charged with dangerous driving and dangerous driving causing death.

He pleaded guilty and, in June this year, was sentenced in Rotorua District Court to three years and two months’ imprisonment, disqualified from driving for three years and six months and ordered to pay $2000 reparation.

Edward Duffy had a garden he dedicated to his late wife, Sally.

According to the findings, the sentencing judge described Rondon’s criminal history as “appalling” – particularly concerning driving-related offences.

Rondon had eight previous convictions for driving while disqualified or driving while suspended.

In his findings, Coroner Telford referred to the police Serious Crash Unit’s investigation report on the incident, which found Rondon’s motorcycle was unfit for road use.

However, despite the bike’s numerous faults, they were not causative of the crash.

What was found to be a “significant contributory factor” was the speed Rondon was travelling.

Coroner Telford accepted the report’s analysis that had Rondon been riding competently, at the speed limit of 50km/h, he would likely have identified Duffy in time and the crash would have been avoided.

A note and flowers were left at the crash scene. Photo / Laura Smith

“At the time of the crash, it is accepted that Mr Duffy was crossing a busy road on his mobility scooter against a red pedestrian signal,” the coroner wrote.

“However, given the high volume of pedestrian activity in the town centre during the day, Mr Rondon should have reasonably anticipated the presence of people crossing the roads and moderated his speed and riding accordingly.”

‘Obey the rules’ – coroner

The coroner said no one should operate a vehicle on public roads unless they have the knowledge, skills and judgment to do so safely.

He said the licensing process existed to ensure all road users met the minimum standard of competence.

“Despite this, I perceive there to be a persistent and troubling degree of tolerance for unlicensed individuals using public roads in New Zealand.”

Coroner Telford issued a plea in his findings to “all New Zealanders”.

“Before using a vehicle on public roads, take the time to get properly trained and licensed, and obey the rules. These are not just legal requirements – they are essential safeguards for your life and the lives of others.

“Every life lost on our roads is a tragedy, and many of these deaths are preventable. By making responsible choices, we can all help prevent families from enduring the heartbreak of losing a loved one in a crash like this.”

Duffy’s cause of death was formally recorded as blunt force injuries sustained in a mobility scooter versus motorcycle crash, the manner of which was accidental.

‘He’s dodged a bullet’

Duffy’s son told NZME that initially, he did not harbour any ill will towards Rondon.

But matters changed when he learned of his driving history and the circumstances of the crash.

He said Rondon should never have been on the roads.

“We were all surprised at how easy it is for someone to cruise around with so many convictions and be loose on the streets.

“The fact that the guy never had a motorcycle licence in his life and was riding that kind of bike was pretty bizarre.”

Tom said he went from thinking that Rondon was “hard done by” with his prison sentence to “he’s dodged a bullet”.

“How can you make that many mistakes?”

Duffy’s family previously told NZME that Duffy, known to friends as Eddie, was a keen gardener, sportsman, builder and a devoted father and husband.

On the day of his death, he bought a batch of plants that were to be the latest additions to a garden he dedicated to his late wife, Sally, who died 10 years earlier.

He called it Sally’s Garden and it stretched from his letterbox to the front door of his unit at a Rotorua retirement village.

Duffy spent hours ensuring the flowerbeds, filled with lilies, asters, dahlias and other colourful blooms, looked beautiful.

Gardening staff at the village planted his new plants after his death.

Tara Shaskey joined NZME in 2022 and is currently an assistant editor and reporter for the Open Justice team. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.