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Home / New Zealand

Fatal Tauranga Eastern Link crash: Driver was on P, boozed, driving wrong way on SH2

Sandra Conchie
By Sandra Conchie
Multimedia Journalist, Bay of Plenty Times·Bay of Plenty Times·
26 May, 2021 07:00 PM5 mins to read

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Tauranga Eastern Link. Photo / File

Tauranga Eastern Link. Photo / File

The driver who caused a crash on the Tauranga Eastern Link which killed a Tauranga chef was drink-driving and also had meth and prescription drugs in his system.

Benjamin Mark Dods, 29, was also driving the wrong way on the highway at speed in his unwarranted Toyota Surf 4WD ute when he crashed head-on into 38-year-old Uthai Phonphong's car.

Dods pleaded guilty to a charge of manslaughter, and two charges of conspiring to deal the Class A drug DMT and a Class B drug MDMA in the Tauranga High Court yesterday.

The manslaughter charge relates to the death of the Tauranga father of two just before 11pm on the Tauranga Eastern Link near Pāpāmoa on January 17.

The Crown summary of facts also reveals that Dods, who is a mechanical engineer from Kinleith, near Tokoroa, had also not slept for a significant number of hours in the days leading up to the crash.

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A forensic analysis of his blood revealed Dods was drink-driving with a reading of 161 milligrams of alcohol per 100 millilitres of blood - the adult legal limit is 80 milligrams.

Also present in his blood was .06 milligrams of methamphetamine and other drugs including the antidepressants Amitriptyline and Nortriptyline.

The ute Dods was driving failed a warrant of fitness test on December 4, 2020 due to a faulty front-drive shaft universal joint, imbalanced brakes and faulty indicator lamps.

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Dods had travelled 1516km in the ute since it failed a warrant of fitness.

The charges of conspiring to deal DMT and MDMA were laid after the police examined texts exchanged between Dods and an associate.

This included on January 15 when Dods requested a gram of DMT and MDMA be sourced by the associate, and the associate replied he would have to go to Auckland to get it.

He also texted that the "proper stuff was more expensive", and Dods replied: "How much for the good s***?", the Crown summary of facts revealed.

The associate replied: "300 for the proper stuff, $250 if you get three or more".

That night while at work Dods again texted the associate to confirm the deal for him to source "three of the good stuff" if he was able to confirm "it was the goods".

Arrangements were then made for Dods to pick up the drugs from his associate.

Dods had slept about six hours that day before starting his next night shift from 6.45pm on Saturday, January 16 to 7am on January 17.

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He returned home to Lichfield near Putāruru for a brief period before driving to Mount Maunganui to visit his children despite not having slept after finishing work.

Dods drank several units of alcohol over the course of the day, including beer, RTDs and consumed methamphetamine and rum at a barbecue.

His behaviour was described by people at the barbecue as "loud, excited, erratic, disrespectful and drunk" and when Dods became aggressive he was asked to leave.

Before he left, Dods took a big swig from a rum bottle, then drove towards the BP service station on Maunganui Rd.

As he approached the roundabout just before the station he was driving at speed and made no attempt to slow down or look for other vehicles, according to two witnesses.

After driving around the BP forecourt and over a raised traffic island, he then drove back on to Maunganui Rd heading south towards Bayfair Shopping Centre.

He continued driving south through Bayfair roundabout towards Te Maunga traffic lights
on the Tauranga Eastern Link heading towards Pāpāmoa.

Dods' ute was captured on a CCTV camera driving at speed, changing lanes without indicating to overtake two slower vehicles.

At 10.48pm Dodds entered the Bruce Rd off-ramp before he re-entered the highway again but this time was travelling in the wrong direction.

Meanwhile, the victim, who had just finished his shift at a restaurant, was driving his 2008 Toyota Camry home to Pāpāmoa where his wife and two children were expecting him.

The two vehicles collided at about 10.53pm.

Dods, who had been driving at between 112km/h and 117 km/h, braked prior to impact with Phonphong's car which reduced his speed to between 105km/h and 110km/h.

The victim who was travelling at about 116km/h was not able to hit the brakes in time and the force of the impact was "massive", the Crown summary of facts said.

Both vehicles were extensively damaged and a seriously-injured Dods had to be cut free.

Phonphong, who sustained multiple injuries, including extensive fractures, died at the scene and the cause of death was from a "completely" ruptured thoracic aorta.

Not wearing a seatbelt, Dods suffered two broken ankles, scalp and face lacerations, and a nasal bone fracture and he was discharged from Tauranga Hospital on January 26.

Inside his vehicle were five snaplock bags containing P-residue, which Dods told police were not his.

Dods was remanded in custody pending sentencing in the Tauranga High Court on July 22.

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