Fatal quad bike had 12 warnings

The Suzuki quad bike involved in a crash which killed 4-year-old Molly Vanner had 12 warning stickers including one stating children under 16 should not be allowed to ride it because it could result in severe injury or death.

Gavin John Vanner, 38, is charged with his daughter's manslaughter following a moment's inattention last year when, while on his cellphone, he let her ride the bike to round up the cows.

The Crown says he was grossly negligent that day while his defence says it was an accident.

On August 30 last year on the family's Patea dairy farm, the 368kg bike rolled over his 18kg daughter causing such severe head injuries, pathologist James Hunt told the High Court at New Plymouth yesterday, her death would have been almost immediate.

Justice Rodney Hansen heard from the head of Suzuki New Zealand, William Grice, who said while the warnings stated no one under 16 should be allowed to ride the bike, they were in disagreement with Federated Farmers who said the restricted age should be 14.

Mr Grice said anyone under 16 would lack the skills, both mental and physical, to ride the bike.

He said he had been involved with interest groups including ACC and the Department of Labour who had developed guidelines in 2003 for the safe use of ATV bikes on farms, but he said manufacturers of the bikes and Federated Farmers were not in agreement on the age restrictions.

He told Crown Prosecutor Cherie Clarke he was involved in the development of a special ATV helmet.

Under cross-examination by Susan Hughes he conceded while there were 70,000 ATVs in New Zealand most farmers did not use the helmets.

ACC programme manager injury prevention John Wallaart, who also helped develop the 2003 guidelines and two specialised ACC brochures, also told the court most farmers did not use the helmets.

He told Ms Hughes young children did ride the bikes on farms, and parents took children on the bikes as passengers, all of which went against guidelines and warnings.

The court heard Vanner had broken his own rules that day.

Up to 30 supporters were in court yesterday as a video interview Vanner gave police after the crash was played in court.

Grown men, Vanner's friends, were reduced to tears.

Vanner said he had stepped off the bike to make a cellphone call to a concrete company and was thinking about 10 things at the time Molly asked him if she could round up the cows.

The bike was in gear and the little girl, who had been learning to ride a 50cc bike, "putted" off across the paddock.

He saw the weight of the bike pushing the accelerator and started running to help his daughter who he knew was in trouble.

"And then it rolled and I thought, please let it be fortunate enough that it actually rolled over the top of her and, you know, missed her, and then when I got to her she was just lying still."

Trained in surf lifesaving, he called the ambulance and began CPR.

"And I thought then, I was just thinking how dumb am I."

He called for help from a nearby digger driver.

"I checked for a pulse. I thought I had a pulse, I honestly did and she vomited and I thought, this is what I've been trained to do."

Then he lifted back her eyelids.

"I've blipped enough bobby calves and dead calves. I've seen their eyes and I just thought, this is not right."

He described the ambulance staff desperately bagging his little girl and feeling sorry for them.

"I knew we weren't going to have Molly back again, there and then.

"Just like any other dad, I just wanted to swap places with my little girl and it was just flaming dumb, it was just a stupid bloody dumb mistake that I did."

His daughter just wanted to help him, he said.

"I was thinking about the concrete truck and every other [thing]. We had about 10 jobs going on at once and I know that's a pathetic excuse and I was thinking all these other things, but my bloody safety went out the back door you know and I'll admit to that."