Lions fan must pay $9500 for fatal crash

A gentle hand touched the shoulder of a scared-looking James Berry in the Hamilton District Court yesterday.

As the 24-year-old Welshman sat in the public gallery preparing for his sentencing for careless driving causing the death of Elizabeth Neels, her father, Mike, walked in and patted him reassuringly on the shoulder.

Berry - sitting beside his crying mother, his face filled with guilt - could only look at the ground.

As defence lawyer Roger Laybourn stood, Berry had to be directed to the dock.

The court was told the Exeter University honours graduate had an impeccable driving record and had never appeared in court before.

The trip of a lifetime following the Lions tour with two friends in a campervan ended when Berry's world collided with Miss Neels, head-on, near Karapiro about 7.30pm on June 23, when he crossed the centre line.

He had not been drinking, does not remember the crash and thinks he may have tried to pull to the left, but Mr Laybourn said trying to figure out what happened was speculation.

Berry had been in New Zealand only since 10.30 that morning, and police have said the accident may have been caused by fatigue.

Mr Laybourn said his client's carelessness had horrific consequences for all involved.

Liz Neels, 18, an only child, died in hospital two days later, and Berry was arrested for careless driving causing her death and careless driving causing his friend's injury.

While he was meant to be watching the Lions play, he spent three days in police custody awaiting his first court appearance, where he immediately pleaded guilty.

Judge Anne McAloon took that, his impeccable record and his participation in a restorative justice conference, where he met Miss Neels' family to say sorry, into account when she sentenced him. She also took into account that since the accident he has worked voluntarily for the Salvation Army.

Judge McAloon fined Berry $500 and ordered him to pay reparation of $9000 to Miss Neels' family.

Mr Laybourn said the restorative justice conference with the Neels had shown "the human capacity for understanding and forgiveness".

The Neels asked that Berry not be jailed or have to pay a fine because they did not want to see two young lives ruined or have Berry crippled by a debt that was never going to bring their daughter back.

Mr Neels said in court he wanted something done to change behaviour to stop people driving drowsy.

"A clear message has to be sent out to the driving public of the risks of driving drowsy."

Judge McAloon said with respect that speculation about the cause of the crash was just that and what Mr Neels had said needed attention outside the sentencing courtroom.

Berry was also disqualified from driving for six months.

When it was over, he walked from the courtroom past his family, looking stunned.