Driver Hai Chen sentenced for careless driving causing the death of Jackson French

Rotorua father and grandfather Jackson French never missed a nightly call to his youngest daughter, after she moved to Tauranga.

But on Sunday, May 19, Jacqui French waited in vain. When it reached 8pm and the call, which typically happened before 7.30pm, still hadn’t come she began to worry.

She called him six times, but he did not answered.

That’s because French, who was in his early 70s, was killed when 54-year-old Hai Chen crossed the centre line and collided with his car.

Now, Chen has been sentenced in Tokoroa District Court, with French’s partner and his two daughters sharing about the “gaping hole” his death has left.

Nine people – a mix of family and friends – were in the public gallery for Chen’s sentencing, while his wife also sat listening as proceedings unfolded.

Hai Chen has been sentenced in the Tokoroa District Court for careless driving causing death, he collided with the car Jackson French (inset) was driving, killing him on impact. Photo / NZME, Supplied

French’s partner of 28 years, Pam Dickson, spoke of her difficulty coping, the fact that she missed Jackson and thought of him daily, and the feelings of guilt that she hadn’t been with him in the car.

She had planned to travel with him that day but had stayed home to care for a sick pet.

“But one thing I’m happy about is we had a big hug at the door when he left, so that’s a memory I try and keep in my head,” she said.

Daughter Jacqui said on top of the loss of losing her father and her nightly catch-up phone calls, she’d also faced the administrative stress of trying to wind up his affairs – her father had died without a will and the responsibility of sorting the estate had fallen to her. It was difficult managing this against the backdrop of a busy job.

French’s other daughter Leonie spoke of the “immense” impact of his death on her, and her young family.

“I have anxiety when I leave the house, making life really limited, and my family suffers due to my poor functioning,” she said.

“My children no longer have their Pops here. I’ve missed out on enjoying my baby during his first year because of losing my dad the way that I did.”

But despite the loss and grief, there was an undercurrent of hope in the courtroom.

As French’s partner came to the end of her statement she turned to face the defendant and said: “I did receive Mr Chen’s letter and I do forgive you, I do.”

Judge Hollister-Jones thanked her for using the “powerful” word of “forgiveness”.

Daughter Leonie also had words for Chen.

“Mr Chen, we spoke, and I want healing for you, and we’re all going to be okay.”

Chen and the family had met for a restorative justice meeting, ahead of the sentencing.

Judge Hollister-Jones said, “Face-to-face meetings like this, in tragic circumstances, are always the best.”

It provided a forum for Chen to give an apology, and for him to hear directly about the devastation the death of French had caused.

It had also given the family an opportunity to understand Chen, and overall the meeting was a “useful” exercise for the participants.

‘Momentary inattention’

In the mid-afternoon on Sunday, May 19, French was returning from a Waikato “car enthusiasts’” meeting – he was a mechanic who repaired Morris Minor vehicles and was a member of the Rotorua Morris Minor Club.

Chen was driving from Rotorua to Hamilton, on a 100km/h section of State Highway 5. He’d approached a left-hand bend that had a speed advisory of 85km/h, before crossing the centre line and colliding with French’s vehicle. French died at the scene.

Judge Greg Hollister-Jones said it wasn’t known what caused Chen’s “momentary inattention” and suggested he most likely fell asleep.

After yesterday’s sentencing, Morris Minor Club president Denise Newby said French had been a member since 2007, and regularly travelled to “conventions from Dunedin to Auckland and every club in between”.

“He was very familiar with Morris Minors and the club members soon got to know this,” Newby said.

“[He] was called on often for advice from people all over NZ. He was always busy and sometimes we had to wait [our] turn for him to look at our Morrie problems ... We all certainly miss him.”

Chen faced two charges – one of careless driving causing death, and another of careless driving causing injury, which related to a fractured wrist his wife had suffered.

She was a passenger in the car, and was likely asleep when the crash happened.

The judge considered the carelessness to be “moderate”.

The left-hand bend had required “full attention” and the road was a 100km/h speed zone.

The judge noted the unforgiving nature of New Zealand roads, which allow for very little margin of error.

Chen’s lawyer Glen Prentice asked the judge to consider not imposing community work – he submitted the carelessness was at the lower end of moderate, and said given Chen’s good character and the substantial offer of reparation that a sentence of a fine, reparation and driving disqualification could be appropriate.

The judge took into account Chen’s circumstances: that he spent most of his time in Malaysia, where he is a general manager at a petrochemical company.

Chen’s wife and three adult children live in New Zealand, where Chen is also a resident, and he comes to New Zealand for three blocks of three weeks per year.

The judge found that, despite this, community work would still be a suitable outcome given Chen’s residency, and the fact he has a home here.

”Nothing sets your case apart from the usual outcome of 200 hours’ community work,” Judge Hollister-Jones said.

He did take into account the offer of $20,000 reparation, however, and said this was a mitigating factor.

Chen was sentenced to 150 hours’ community work, was ordered to pay $20,000 reparation and disqualified from driving for 12 months.

For the careless driving causing injury, he was disqualified from driving for six months, to run concurrently.

Hannah Bartlett is a Tauranga-based Open Justice reporter at NZME. She previously covered court and local government for the Nelson Mail, and before that was a radio reporter at Newstalk ZB.