Death driver weeps in court

Brenda Minto leaves court yesterday after her sentencing for careless driving causing death. Picture / NZPA

Brenda Lee Minto hung her head and wept in the dock as the family of a 14-year-old boy she killed spoke of the devastation his death caused.

Minto, 40, from the Hutt Valley suburb of Naenae, escaped a prison sentence yesterday after pleading guilty in the Lower Hutt District Court to careless driving causing death

Matthew Dryden, 14, died after Minto's car hit his cycle from behind on the Western Hutt Rd about 6.45pm on June 24.

Minto had been leaning over to adjust the car stereo.

Matthew died at the scene, despite efforts by passersby and emergency services to save him.

Minto's lawyer, Greg King, said the accident was caused by "momentary inattention" which resulted in her car driving into the breakdown lane.

"It is the kind of fault that happens numerous times without consequence," he told the packed courtroom. "Unfortunately, this is one of those times there have been catastrophic consequences."

Minto had simply not seen the rear light on Matthew's bike.

"That's part of the tragedy of this situation."

Minto's life had been turned upside down by the accident, Mr King said.

"Her grief has been uncontrollable, her remorse profound. She will certainly carry this with her for the rest of her life." Minto, an undischarged bankrupt, had never been in any type of criminal trouble before and had an otherwise impeccable driving record.

She had tried to approach the family through "appropriate channels" but had been advised against it, Mr King said.

The Dryden family had not been told about Minto's attempt to approach them and considered her "heartless", Matthew's mother, Karen Dryden, said in a victim impact report read to the court by her brother David Smith.

Matthew, whose funeral was attended by 1000 people and representatives of 14 schools, had a zest for life and was an exceptional athlete who loved cycling.

His ambition was to race in the Tour de France and his family had supported him by saving to buy a $2500 bike they gave him just weeks before his death.

It was the new bicycle, which his father had ensured was well lit, that he was riding the night he was killed.

"To lose a precious boy in a careless accident is unbearable," Mrs Dryden said. "We asked ourselves: 'Did he suffer? What were his last words? If only we were there to hold him'."

Mrs Dryden and her husband, Ross, were both on medication to help them cope with their son's death. "But it doesn't make the pain go. We are haunted by what he might have achieved in his life. We will never get to see him grow up."

Minto's actions had destroyed the family, she said.

"Our grief is overwhelming."

Judge Michael Green said a "priceless young life" had been "needlessly sacrificed".

But the degree of Minto's carelessness did not warrant a maximum sentence of three months' imprisonment as the family had urged.

Discounts in her sentence because of her admission of guilt were lessened by an initial plea of not guilty, Judge Green said.

Minto was sentenced to 120 hours' community service, disqualified from driving for six months and ordered to pay the family $8000 for emotional harm.

The judge said he hoped sentencing would bring some closure for the family, "so you can pick up your lives and move forward".

Outside the court, Mr Dryden said the sentence was expected by the family. "For what she did it was a light sentence."

However, Minto was a human being, he said.

"She knows what she has done."

Minto's sister Nickey Baughen said Minto was extremely remorseful.

- NZPA