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Home / New Zealand

Killer driver has burglary charge dropped due to lack of evidence

By Belinda Feek
Reporter·NZ Herald·
21 Jun, 2018 10:56 PM4 mins to read

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Dylan Cossey in the dock during his trial in the High Court at Hamilton in April when he was sentenced to 12 months home detention for an illegal street racing that killed four.

Dylan Cossey in the dock during his trial in the High Court at Hamilton in April when he was sentenced to 12 months home detention for an illegal street racing that killed four.

A man convicted of being involved in an illegal street race that killed four people was accused of being involved in a burglary just months before his trial.

However, Dylan Cossey's alleged involvement was kept quiet due to criminal proceedings in the High Court at Hamilton which saw him sentenced to 12 months' home detention after four people were killed.

Cossey, the driver of a Honda Integra involved in the fatal race on June 24, 2016, was found guilty in February of manslaughter and street racing causing injury for his part in the tragedy.

Hamilton woman Hannah Leis Strickett-Craze, 24, Paul De Silva, 20, and Lance Robinson, 28, both of Te Awamutu, and Jason McCormick Ross, 19, of Stratford died in the crash. A van driver who was seriously injured has name suppression.

Stephen John Jones was in the passenger seat of Cossey's car and was found guilty of attempting to pervert the course of justice after he edited incriminating video of the crash. He was found not guilty of manslaughter.

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Cossey was in the Hamilton District Court today to defend the burglary charge, but a lack of evidence saw the charge dropped halfway through proceedings this afternoon.

He was before Judge Philip Connell defending a charge of burglary after a television was stolen and the front door of a Hamilton East house was smashed in by two men on December last year.

Police prosecutor Leaney Preiss alleged Cossey went to the complainant's Plunket Tce, Hamilton home with three other associates to "collect a debt" - namely $400 for a watch stolen from his father.

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Dylan Cossey enters the High Court at Hamilton with lawyer Phil Morgan QC in February.
Dylan Cossey enters the High Court at Hamilton with lawyer Phil Morgan QC in February.

Cossey went to the door and spoke to the man before returning to his car.

Preiss then submitted that he and another associate went back to the house armed with a piece of wood, smashed in the front door, and stole the television.

Cossey's lawyer Phil Morgan QC said two men went to the door, but neither was his client.

After four civilian witnesses, including the alleged complainant at the Plunket Tce house, gave evidence, Preiss conceded the police case was not strong enough to proceed.

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The police case was not helped by their complainant who testified via audio visual link from prison, and who appeared to float in and out of bouts of amnesia.

When questioned by Preiss whether he was at the house at the time, he replied "not that I know of, nah".

"I don't even know who [Cossey] is."

The man said he was "pretty out the gate" at the time and struggled to recall before refusing to give evidence all together, stating it was all now "scrambled eggs".

When warned by Judge Philip Connell that he could be held in contempt of court for not answering police questions, Hall replied "who gives a shit, I'm in jail anyway. Who cares."

However, after another warning, his memory suddenly returned and said he wasn't home, he was up an alleyway at the time.

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"As far as I know it was to do with a flatmate at the time there, nothing to do with me, so I don't know why I'm being dragged into it."

He later again refused to co-operate and was ordered to be in contempt of court by Judge Connell.

Witnesses appeared to be confused regarding what Cossey was wearing. Coincidentally, one of the two men picked up by Cossey for safety was wearing exactly the same as Cossey - black pants, black top and a red cap.

Evidence from the female driver, and friend of Cossey's, was that he broke down in tears and was crying after coming back from asking about the cash at the door.

It was then she said that the two back-seat passengers - including the one wearing black and red - got out of the car and smashed in the front door and stole the TV.

Two other witnesses, who watched the incident unfold at the time, also offered conflicting statements, leaving Preiss no option but to concede the case.

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Judge Connell accepted the police position and dismissed the charge.

The crown are appealing Cossey's home detention sentence.

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