Fatal crash driver cleared of murder

File photo / Greg Bowker

A driver accused of deliberately swerving into a woman's oncoming car in south Auckland has been cleared of her murder.

Faaotaota Faaotaota, 21, was found not guilty by a jury in the High Court at Auckland of the murder of Melva May Smiler, 55, who died in the crash in Manurewa in November 2008.

He was instead convicted of manslaughter, a charge he had admitted.

Faaotaota was found guilty of inflicting grievous bodily harm on Ms Smiler's passenger, Gail Kara.

The crash happened when Faaotaota's car crossed the centre line on Dalgety Drive and crashed into Ms Smiler's vehicle.

Faaotaota was more than four times over the legal breath alcohol limit for drivers under 20 and had been smoking marijuana.

The Crown argued Faaotaota was angry, upset and suicidal following an argument with one of his two girlfriends, telling her he might as well kill himself.

Faaotaota's lawyer Denise Wallwork argued he swerved into the path of Ms Smiler's vehicle when he leaned over to kiss his girlfriend.

She said he was an accident waiting to happen when he got into the car. He accepted responsibility for her death but never intended any harm to anyone.

Faaotaota will be sentenced in December.

- NZPA