Fatal Southand crash driver claimed sun was in his eyes

A 100m warning on Lady Barkly Road. Photo / Google

A man who drove through an intersection, causing the death of another motorist, said he was blinded by the sun’s glare.

Carlito Lomotos Opanes, 53, appeared in the Invercargill District Court on Monday for a judge-alone trial.

Judge Duncan Harvey found him guilty of dangerous driving causing death and two charges of dangerous driving causing injury.

About 7.30pm on October 16, 2022, the defendant was driving to a friend’s house with his wife.

He turned on to Lady Barkly Rd as the sun was setting.

The sun was in his eyes, the court heard.

The defendant estimated he was travelling on the open road between 80km/h and 90km/h.

He pulled the sun visor down and could see the left shoulder of the road, but the sun was still glaring.

He knew there was an intersection ahead, but could not see the 100m warning sign, he said.

Opanes drove through the intersection and collided with another car, which caused the death of one victim and injury to another.

Their names were suppressed.

Injury was also caused to Opanes’ wife who was in the passenger seat.

In his police interview, the defendant said the sun had been an issue since he left his house.

“I could not really see the first stop sign,” he said.

He told the court he looked to his right side in an attempt to “get a clue” about how near he was to the intersection.

“I could see the stop sign, but then I also saw a car.”

An accident report said the impact speed was 73km/h, indicating the defendant did slow down.

The officer in charge said Opanes apologised and expressed his concern for the victims when he was later interviewed.

Counsel Roger Eagles said his client’s driving was careless, but did not meet the legal threshold to be dangerous.

“The only danger arises when the intersection is imminent. Up until that point there could be no criticism of his driving,” he said.

“The case law does seem to demand more than just a driving fault.”

Crown prosecutor Mike Brownlie said Opanes created a dangerous situation by continuing to drive while he could not see.

“If you’re on an open road that you’re familiar with and you know there’s an intersection coming up that you can’t see, you have an obligation to slow down or stop,” he said.

Judge Duncan Harvey agreed with the Crown’s argument.

“It is obvious that if a driver cannot clearly see a road in front [of him], he must slow down or stop,” he said.

“[The defendant] was, at the time of the accident, doing what was unfortunately his incompetent best.”

The court heard Opanes had no criminal history.

He was remanded on bail until December 1 for sentencing.