KEY POINTS:
An american tourist charged after a motorcycle pillion passenger died and her partner was injured has been granted bail to fly home.
Cheryl Marie Blair faces two counts of careless driving causing death or injury, and two of driving dangerously causing death or injury.
The charges follow the death of 36-year-old Julie Smith near Waiuku last month. Smith was riding pillion behind her partner Nick Le Bas when their Kawasaki touring bike collided with a car on Awhitu Rd.
Blair had allegedly crossed the centre line.
In Pukekohe District Court last week, Blair, a 43-year-old mother, was released on the condition she returns to New Zealand on December 5 for a court appearance the following week.
She entered no plea. Her bail conditions include surrendering her passport within 24 hours of returning to New Zealand next month.
Julie Smith's grief-stricken family and partner are outraged the American's passport has been returned.
Police officer Steve Shaskey said Blair was not believed to be a flight risk, and was allowed to return to the United States to look after her sick mother. She also wanted to take her children home to her ex-partner for Thanksgiving, he said.
The Herald on Sunday understands Blair's children were holidaying with her in New Zealand when the crash happened.
However police had opposed the return of Blair's passport, Shaskey said.
"It's not a common occurrence. In my experience, defendants normally make a plea before they go."
According to the summary of facts before the court, at 7.08pm on Saturday, October 27, Blair was the driver of a Honda car travelling north on Awhitu Rd.
The road had a 100km/h speed limit and was dry as the weather was fine. Blair headed down a moderate hill and approached a blind right hand bend, where she crossed the centre line.
The motorcycle ridden by Le Bas then came around the corner.
Le Bas saw the Honda partially on the wrong side of the road.
Blair then suddenly swerved right across the road into the path of the oncoming motorcycle.
The motorcyclist was unable to avoid Blair's vehicle and collided with the left hand front of the car.
Le Bas and Smith were thrown from the motorbike. Smith received extensive head injuries and died at the scene. Le Bas suffered a fractured arm, puncture wound to his leg and severe bruising.
Blair faces a prison term, disqualification from driving, and fines up to $20,000 if convicted.
