Judge gives Otago double-fatal crash driver clean slate

A teenager responsible for a double-fatal crash in Outram will have all record of the offence wiped.

The 17-year-old admitted two charges of careless driving causing the deaths of his passenger, 15-year-old Jayde Cummings, and Steve Macnee (57), who was driving another vehicle in September 2019.

The defendant, who was afforded permanent name suppression because of Youth Court rules, was cleared of the more serious allegations of dangerous driving causing death at a judge-alone trial last year.

Since then, the court heard last week, he had paid more than $25,000 reparation, done 150 hours' community work, maintained contact with Oranga Tamariki and continued his employment.

"This is going to have an impact on you for the rest of your life.

"This doesn't end today," Judge Dominic Flatley said.

"I'm sure you'll probably think about it every day. That's a penalty in and of itself."

He described the teenager as "otherwise a responsible, maturing young man, getting on with his life", with the help of a supportive family.

The judge granted the absolute discharge under the Oranga Tamariki Act, effectively leaving it as though the defendant was never charged.

"You get to start with a clean slate and I think that's right here," Judge Flatley said.

"I don't see any need or point in punishing you further; there is nothing to be gained from that."

The teen was driving in Outram when he ploughed through a stop sign at Church Rd West into Huntly Rd.

"Almost unbelievably", Judge Flatley said, Mr Macnee was passing east through the intersection at that exact moment.

The teenage driver was the only one who survived but was so concussed he was unable to remember much of the day.

Judge Flatley found at trial that a stop sign on the left side of Church Rd West that the teenager passed seconds before the collision was so obscured by foliage that he might never have seen it.

It was only a photo from an Otago Daily Times photographer that proved that.

Photos taken by police the following day showed the bushes had been cut back, but who did the impromptu trimming or why remained a mystery.

Steve Macnee (57), of Waihola, had a sharp sense of humour and made an impression on all he met, friends said. Photo / Supplied

The court also heard the stop sign was quickly moved 40cm closer to the road to improve its visibility.

Comparing the ODT photo with police pictures from the following day indicated a "contamination" of the evidence, the judge said in his written judgement.

While crash experts could not concur on the speed at which the defendant was travelling — somewhere between 60kmh and 76kmh — they agreed it was below the 100kmh limit.

There were no tyre marks on the road, which indicated the teen likely continued through the intersection without even realising he was obliged to stop, the court heard.

One witness at trial, a local farmer, called it "an accident waiting to happen" and said he had contacted the council numerous times requesting clearing of vegetation.

"It's a very unfortunate tragic case of carelessness," counsel Anne Stevens QC said.