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Home / New Zealand

Drink driver on his sixth offence avoids prison after killing woman

Emily Moorhouse
By Emily Moorhouse
Open Justice multimedia journalist, Christchurch ·NZ Herald·
15 Sep, 2022 04:31 AM4 mins to read

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The scene after the fatal crash at the corner of Marshlands Rd and Mairehau Rd in Christchurch in August 2021. Photo / Geoff Sloan

The scene after the fatal crash at the corner of Marshlands Rd and Mairehau Rd in Christchurch in August 2021. Photo / Geoff Sloan

A man who killed a woman after crashing into her car at 117km/h, and while under the influence of alcohol, had five previous drink driving convictions at the time of the fatal accident.

"We're dealing here with someone that has a chronic issue with alcohol," Crown Prosecutor William Taffs told the court at Sunny Mikaiera Nepia's sentencing today.

The crash, which happened in August last year, instantly killed Rachael Florence Harris. The 62-year-old was described in court as a "kind-hearted" woman.

Taffs described the accident as "utterly avoidable" given Nepia's issues with alcohol in the past.

"The defendant has been through the system some five times in relation to drink driving offending... He played roulette and this time someone died."

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Taffs spoke on behalf of Harris' family, who didn't want the emotional harm payment for themselves but instead to be donated to the Forest and Bird charity, as Harris liked nature.

Nepia's defence lawyer Joshua Grainger said alcohol was something that had been "plaguing" the 30-year-old and his family for his whole life.

"He has killed someone, he accepts that."

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Grainger told the Christchurch District Court about the restorative justice meeting Nepia had attended with Harris' family and said it was one of the hardest things Nepia has had to do.

Judge Raoul Neave acknowledged this, and said it "takes a lot of courage to stand there and try to explain to people you've harmed in the worst possible way what you've done and why you've done it."

He also acknowledged Harris' family who sat in the public gallery and said they've shown "amazing grace" in dealing with the whole process.

Nepia's godmother, Fiona Hemmei, spoke to the court through speaker phone said the incident has affected him "quite badly".

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"I could see he was very regrettable for what had happened, I could see the remorse in him," she said.

She told the court about living with Nepia and his parents when he was growing up, where it was normal to turn to alcohol often.

"When there's a problem, you have a drink, if there's no problem, you have a drink.

"He hasn't had enough support...We will be supporting him all the way to keep him on the right track."

This was Nepia's sixth drink driving offence and last week Nepia breached his bail by drinking, the court heard.

Judge Neave gave Nepia credit for a guilty plea, participation in the restorative justice meeting, $2500 to be donated to the Forest and Bird charity, and consideration for his upbringing.

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"It is clear that alcohol has been very much the backdrop to your entire life," he said to Nepia.

He said Harris' family were giving him the responsibility to turn his life around.

"It is something that you need to do for yourself and quite frankly, something that you need to do for Rachael."

Police estimates show that Nepia was travelling well above the 60km/h speed limit along Marshland Rd and at 117km/h when his vehicle hit Harris' car at the intersection of Mairehau Rd.

The Crown said Nepia accelerated to overtake a vehicle on Marshland Rd and nearly collided with it where the lanes merged. He continued at well over 100km/h as he approached the red traffic light on Mairehau Rd.

Nepia, who told police he had consumed three pre-mixed bourbon drinks before the crash, said he was unsure of the colour of the traffic light.

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His car was travelling at around 124km/h before it braked to 117km/h when it hit Harris' car which skidded 33m along the road, coming to a stop at the roadside. She had entered the intersection at a green light at 27km/h.

Nepia and his passenger got out of the car and the passenger checked on Harris before the pair approached a member of the public who had arrived at the scene.

A witness said they thought Nepia and his passenger might have been on drugs because of the way they were behaving. They also described Nepia as slurring his words and an "overpowering" smell of alcohol on his breath.

Nepia and his passenger asked another witness for a ride which led to a "physical altercation" and then left the scene before emergency services arrived.

Nepia appeared in court in June, admitting a charge of dangerous driving causing death. He also faced a charge of failing to stop at the accident to offer assistance because he fled from the scene.

However, that charge was dropped as it became clear Nepia and his passenger stopped and checked, with other members of the public, but found Harris could not be helped.

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He was sentenced to 12 months of home detention with community work and judicial monitoring on a charge of dangerous driving causing death.

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