Fatal crash driver disqualified

YOUNG LIFE REMEMBERED: Roses laid at Wiltons Rd railway tracks in remembrance of Grace Diedrichs. PHOTO/FILE

A young man who was behind the wheel of a ute that hit a commuter train in Wairarapa, killing his 15-year-old girlfriend, has been sentenced to 200 hours' community service.

Jonathan Caleb Painter, 18, and Grace Diedrichs were on a fishing trip on February 17, 2013, when the ute he was driving collided with a southbound commuter train at the Wiltons Rd crossing in Carterton.

Miss Diedrichs was killed and Painter seriously injured.

Judge Arthur Tompkins said although Painter slammed on his brakes as he approached the crossing, which was not controlled by lights or bells, he was unable to prevent the vehicle from colliding with the train.

In Wellington District Court yesterday, Judge Tompkins sentenced Painter to 200 hours' community service and disqualified him from driving for a year.

Painter was originally charged with dangerous driving causing death, to which he pleaded not guilty. Last month he pleaded guilty to a lesser charge of aggravated careless use of a motor vehicle causing death.

Judge Tompkins said although Painter was breaching the terms of his restricted driver's licence at the time of the crash, he had no alcohol in his system, was not speeding, and had taken responsibility for his actions.

He said Miss Diedrichs' family had supported Painter since the crash. "The devastating consequence for all involved was of course Grace's death."

Defence lawyer Jock Blathwayt said the accident was a "tragedy".

"He has had to live with the consequences of his failure to stop at the railway line."

Mr Blathwayt also highlighted the danger of the Wiltons Rd crossing. "He is not the first person who has not realised a train is approaching."

Miss Diedrich's death was the second at the level crossing. Carterton man Daniel Quin was killed when he drove his ute into the side of a train in May 2002.

Earlier this year, KiwiRail spokesman David Miller said the Wiltons Rd crossing was protected by "Stop" and "Railway Crossing" sign combinations and, given the crossing carried fewer than 170 vehicles per day, it was not on KiwiRail's upgrading priority list.

Mr Miller said KiwiRail did review risk rating. "According to our records, there were no collisions at this crossing in the 10 years prior to last year's incident, and two collisions were recorded in 2002, one of which was fatal."

- NZME.