A driver charged with manslaughter after causing a fatal crash that killed another motorist won't stand trial following a dementia diagnoses, the Whanganui District Court has heard.
A driver charged with manslaughter after causing a fatal crash that killed another motorist won't stand trial following a dementia diagnoses, the Whanganui District Court has heard.
A heavily-intoxicated driver who was charged with manslaughter after killing another motorist while speeding into oncoming traffic down the wrong side of the road has been ruled unfit to stand trial.
On June 10, 2022, Stanley Bernard Eruini Hiroti was heading south from Turakina when he slammed head-on into aVolkswagen Golf driven by Jeremy Pearcey.
Pearcey suffered multiple injuries in the crash and died at the scene.
Hiroti’s blood had an alcohol level of 186 micrograms per 100 millilitres of blood, almost four times the legal limit of 50mcg, as well as a small amount of cannabis.
He was charged with Pearcey’s manslaughter, for causing his death by an unlawful act, namely driving a motor vehicle in a dangerous manner while under the influence of alcohol.
Hiroti was due to go on trial in October 2023, before issues regarding his fitness to plead to the charge were raised.
On February 20, 2023, Justice Christine Grice held a hearing under the Criminal Procedure (Mentally Impaired Persons) Act in the High Court at Whanganui to assess Hiroti’s ability to stand trial.
Justice Grice said it needed to be established if a substantial cognitive impairment, which affected Hiroti’s ability to give instructions and communicate with his lawyer, reduced his capacity to meaningfully engage in the court process.
“This is largely due to a condition popularly known as dementia.”
The three-stage process required the court to consider whether Hiroti was mentally impaired, based on the evidence of two health assessors, and if it was sufficient to prevent him standing trial.
If Hiroti was deemed unable to stand trial, the court had to determine his involvement in the alleged offending.
Stanley Hiroti's blood alcohol level was almost four times the legal limit when he caused a fatal crash. He was charged with manslaughter but a dementia diagnosis has ruled him unfit to stand trial. Photo / 123rf
Justice Grice said reports from a forensic psychiatrist and clinical psychologist established Hiroti had significantly impaired cognitive function resulting in a very limited appreciation of the court processes and the offence he was charged with.
“It is highly likely that his voluntary intoxication prior to the alleged offence contributed to his decision-making.”
Tests revealed Hiroti had not “feigned or exaggerated” his condition.
While both assessors found it unlikely Hiroti could use insanity as a defence, they also agreed his condition would adversely affect his ability to instruct his lawyer or run his own defence.
Due to the progressive nature of the impairment, it was unlikely Hiroti, even with optimal support and treatment, would become fit to stand trial.
Justice Grice said she needed to be satisfied on the balance of probabilities that there was sufficient evidence to establish the basis of Hiroti’s offending.
A police crash investigation report concluded Hiroti was travelling at about 114km/h when he hit Pearcey’s vehicle head-on, while the Coroner confirmed his death was a result of the injuries he suffered.
Witness statements detailed Hiroti’s dangerous driving before the crash, which included overtaking on a blind corner and other motorists’ accounts of having to take evasive action to avoid colliding with him as he hurtled towards them.
Another driver, who was following Hiroti, described his driving as “really, really bad”, “really erratic” and “hanging out in the other lane”.
Justice Grice was satisfied, on the balance of probabilities, Hiroti had been responsible for causing Pearcey’s death.
In the Crimes Act, manslaughter is described as culpable homicide, defined as the killing of any person by an unlawful act, not amounting to murder.
“The unlawful acts in this case are driving in a dangerous manner and doing so while under the influence of alcohol,” Justice Grice said.
She ordered enquiries to be made into the most suitable way to deal with Hiroti.
Last month Justice Cheryl Gwyn held a disposition hearing the High Court at Whanganui to consider the options available, including detention as a special patient in hospital or as a special care recipient at a secure facility.
A further psychiatric report detailed that Hiroti, who has two sons and two daughters, had no memory of the events leading up to the crash, and no recollection of the crash itself.
Hiroti had stopped drinking since the crash and no longer drove. His driver’s licence was revoked on medical grounds in November 2022.
The report stated Hiroti had experienced a significant decline in his memory in the past year and his cognitive function had worsened due to a head injury sustained in the accident.
It detailed Hiroti had a “very good family network” and they were committed to providing him with a high level of support and oversight to ensure he posed no further risk.
Justice Gwyn noted that some of Pearcey’s family members felt a sense of injustice and said their frustration was understandable.
While some wanted Hiroti to be held in a dementia care unit for a comparable length of time to what he could have been sentenced to if he stood trial and was found guilty, Justice Gwyn ruled it wasn’t necessary.
She ordered Hiroti be immediately released into the care of his family.
