Khing Wong at his sentencing in the Hutt Valley District Court in November. Photo / Melissa Nightingale
Khing Wong at his sentencing in the Hutt Valley District Court in November. Photo / Melissa Nightingale
A texting driver who killed a Wellington cyclist has had his application for a limited licence put off by the judge - who is a keen cyclist himself.
The judge also said he had cycled the same route where the victim died on numerous occasions and had often feared forhis own safety while doing so.
Khing Tiang Wong, 47, was driving on State Highway 2 towards Lower Hutt from Wellington about 6pm on February 3 last year, at the same time 65-year-old Norriss was cycling home in the marked cycle lane, according to the summary of facts.
Camera footage from NZTA shows Wong's vehicle rounding the corner near the BP Express Fuel forecourt and beginning to travel in a straight line instead of following the gentle curve of the road.
While still within the cycle lane, Wong's vehicle pulled sharply right, colliding heavily into the rear wheel of Norriss' bicycle, catapulting him through the air and causing him to hit the Armco barrier that was positioned between the petrol station and the northbound lanes.
Passersby including two doctors tried desperately to save Norriss' life, but he died at the scene due to multiple blunt force trauma injuries.
Wong pleaded guilty in the Hutt Valley District Court at an earlier hearing to dangerous driving causing death.
Last year he was sentenced to six months' community detention and was disqualified from driving for 18 months.
But Wong today reappeared in court to apply for a limited licence.
A limited licence can be granted under certain circumstances, allowing the disqualified driver to drive for specific reasons at specific times.
The driver must apply to the court for an order allowing them to get the limited licence, and in their application they need to prove that not being able to drive causes extreme hardship to themself or undue hardship to someone else.
Inconvenience is not considered extreme hardship.
In court today Judge Arthur Tompkins said he was "fairly sure" he could not make a decision on the licence due to a possible conflict of interest.
"Furthermore I have cycled exactly that route where he was killed on numerous occasions and I have to say that the behaviour of the traffic has given me considerable cause for my own safety on numerous occasions," he said.
The matter has been put off for a hearing before a different judge, though the date has not yet been set.
The application is opposed by police.
Brent Norriss was killed while cycling home on State Highway 2 in February. Photo / Supplied
In court last year, Norriss' daughter, Rebecca McLean, read the victim impact statements aloud in court on behalf of the other family members, crying throughout.
She said Norriss had been taken away from them "in the cruellest way possible".
McLean described training with her father every morning for the Coast to Coast race, and how they shared a special bond based on deep respect and love.
"I want you to understand that I appreciate there was no intent in your actions on the day dad died and I want you to know that I feel no malice towards you ... I'm sure, like me and my family, the memory of that day will remain etched on your mind forever."
In her victim impact statement, Norriss' wife said they had been together nearly 46 years and were putting the finishing touches on their dream retirement home when he was killed.
"I cannot face the prospect of living there without my soulmate," she wrote.
Norriss' son and son-in-law wrote of their deep grief at the loss of a mentor, and their pain at being unable to pick up the phone and call him any more.
