Crate Day tragedy: No conviction - Family forgive man after girl dies from ute fall

Ashleigh Knight, 21, died after falling off the back of a ute on Crate Day last year. Photo / Givealittle

Seven months after Ashleigh Knight died following a fall from the back of a ute on Crate Day, her family have forgiven the man responsible for her death.

It's a response a judge has described this week as "powerful" and "beyond belief".

Joshua Wolland, 20, avoided conviction for the tragedy, which claimed the life of his close friend Ashleigh Knight.

Judge Jonathan Krebs heard on Thursday Wolland was extremely remorseful for what had happened and, despite the terrible consequences, the incident had bought the friend group closer together.

He told a courtroom packed with Wolland and Knight's family and friends, that Wolland had been forgiven for what happened.

"They acknowledge that this was indeed an accident; they don't want to see Mr Wolland published by the court or convicted."

"They have expressed forgiveness, which almost defies belief. "

According to the summary of facts, Wolland and others were drinking in Pohangina, Manawatū, as part of Crate Day celebrations on December 4.

Crate Day is an event coined by a radio station which challenges people to drink an entire crate of 750ml beers on the first Saturday in December.

It's an event that has been condemned by police for causing widespread disorderly behaviour and violence.

Wolland and eight others got into his flatbed ute - three in the front, five, including Knight, in the tray - and headed to a nearby river to go for a swim that evening.

On the way back Knight sat on a wooden dining chair that was in the tray of the ute.

Wolland drove around a S-bend on Te Aaw Rd and Knight fell off the back of the ute and hit the ground. She was pronounced dead shortly after from injuries sustained from her fall.

Wolland had a breath alcohol reading of 400 micrograms per litre after having admitted to drinking two crate bottles during the afternoon. As he was under 20 at the time, his breath alcohol limit was zero.

Judge Krebs ruled in the Palmerston North District Court that Wolland be discharged without conviction from an original charge of careless driving while under the influence.

"I've thought long and hard about this matter," he said.

"The speed here was low. Ms Knight voluntarily sat on the chair and had consumed alcohol too. There was no suggestion that the consumption of alcohol had impacted his driving."

Krebs did impose a disqualification from driving for nine months and ordered Wolland to pay a $2500 donation to the Manawatū Rescue Helicopter that attended the accident.

Knight's parents described their only daughter as "beautiful and cherished" in a family notice published after her death.

"We lost our beautiful girl when she closed her eyes," parents Nipper and Sheree said.

Knight had a passion for rugby and was well-known in local rugby circles after playing in various school and local club teams all through primary, intermediate and high school.

The Manawatū Rugby Union paid tribute to her, saying the province was mourning the loss of a much-loved wāhine.

Manawatū Rugby Union chief executive Andrea Jackson said at the time the news was "devastating" and offered support to the grieving family.

Jackson spoke of a young woman who loved the game of rugby and who had played five seasons for the Manawatū Cyclones Women's Rugby Team and had played 19 games.

"Ashleigh had an inspiring passion for rugby. The fact she had already notched up five seasons for the Cyclones at just 21 years old is testament to her passion for the game," Jackson said.

"Ashleigh was a friendly and approachable young woman and will be sorely missed by the Cyclones team and wider Manawatū Rugby Union whānau.

"She leaves a tremendous gap in the Cyclones' waka."