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Home / New Zealand

Killer drink driver is jailed again

Otago Daily Times
3 Jul, 2017 11:31 PM4 mins to read

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Neill and Vicki Smillie's daughter Kellie-Rachel was killed by a drink-driver more than a decade ago. Photo / Peter McIntosh

Neill and Vicki Smillie's daughter Kellie-Rachel was killed by a drink-driver more than a decade ago. Photo / Peter McIntosh

The family of a woman killed more than a decade ago by a drunk driver have been flabbergasted to learn the man has offended again.

Dean Anthony Martin (58) was so drunk when he got behind the wheel in the early hours of November 18 that he veered across the opposite lane and crashed into a ditch in North Rd.

He slept there for some time before police were called and was abusive when they took him to the station and tried to breath-test him.

When Martin was asked if he wanted to consult a lawyer, he asked for "Donald Trump''.

"That's an indication of your intoxication,'' Judge Michael Turner told the Dunedin District Court yesterday.

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He jailed Martin for 13 months and banned him from driving for a year and a-half.

When the Otago Daily Times informed Waikouaiti's Vicki Smillie about the defendant's latest crash, she was stunned.

Her daughter 33-year-old Kellie-Rachel Smillie - a mother of two - was in the passenger seat of Martin's car when he crashed near Waikouaiti on October 13, 2006. She died.

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He was sentenced to three and a-half years' imprisonment and ordered not to drive for four.

"I'm a big believer in 'things happen for a reason' but a 33-year-old mother of two children shouldn't be taken. It should've been him,'' Vicki Smillie said.

When informed of the details of Martin's most recent drunken smash, she was unapologetic in her viewpoint.

"I can't believe it's happening again,'' she said.

Vicki Smillie could not believe the man had been disqualified from driving for only 18 months, and he would serve part of that while behind bars.

"He should never be able to drive again,'' she said.

"He'll go out and kill someone else, I'm telling you ... it's crazy.''

Vicki Smillie told the ODT her daughter had not planned to get into Martin's car on the night of her death.

The pair's relationship had ended and he had come round while intoxicated to confront her, but she did not want that to happen in front of her two sons.

Since the crash, the boys had grown up. One was studying in Dunedin while the other lived in Australia and had just had his first child.

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On April 4, Kellie-Rachel Smillie would have been a grandmother.

"I don't know what would've happened to her life, how it would've panned out. He's robbed us of that,'' Vicki Smillie said.

Yesterday, the court heard Martin's drink-driving conviction was his eighth since 1990. Despite the evidence, he claimed someone else was driving.

He was eventually found guilty following a judge-alone trial.

He gave 10 insufficient breath samples - once knocking the mouthpiece out of a constable's hand - and when asked for a blood specimen he said it was "against his religion''.

His lawyer David McCaskill said a home detention address had been approved but Judge Turner decided only a prison term was appropriate for such recidivism.

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Vicki Smillie said the events of 2006 had made life "absolutely chaotic'' for the entire family.

"I don't cry like I used to. I think it's hardened me. You don't function like you used to. I used to be as sharp as a tack but things seem like they're dulled, if you know what I mean,'' she said.

"Accidents happen but when you've been drinking that's not an accident, that's murder; I don't care what the law says.''

Mr McCaskill claimed the fatal crash had made a "marked impression'' on his client but Vicki Smillie said his actions contradicted that.

"He doesn't care, does he? I wonder if he remembers who she is,'' she said.

Kellie-Rachel Smillie would have been 44 at the end of the month.

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"I miss her. Not a day goes by I don't miss her,'' her mother said. "I talk to her photo. People laugh at me but that's the way I handle it.''

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