A charge against a man of dangerous driving causing the death of Rotorua GP Gavin O'Keefe has been dismissed.
Michael Graham McPhee, 57, of Atiamuri, was driving a bucket loader on Ongaroto Rd at about 7.10am on June 29 last year at a speed of about 15km/h.
Dr O'Keefe drove into
the back of the 14-tonne vehicle at a speed police claim could have been between 100km/h and 135km/h.
McPhee was charged with dangerous driving causing death. He pleaded not guilty and yesterday the charge was dismissed following a day-long defended hearing at Tokoroa District Court.
Police said Dr O'Keefe left Te Kuiti at about 6am on June 29 and was heading to Ohope for an 8.30am appointment.
He was killed instantly at about 7.10am when the front right hand corner of his car hit the left rear corner of the bucket loader.
His car was burned out, making the job of inspecting the car almost impossible.
McPhee's Hamilton lawyer Tom Ingram said the speed Dr O'Keefe was travelling at would have been a "viable culprit" for his death.
If he had been driving within the 100km/h speed limit it was "reasonably possible" he could have survived.
Mr Ingram said Dr O'Keefe also could have been distracted and failed to see the bucket loader.
Judge Phillip Cooper said speed must have been a significant factor in the crash.
"The effect on the impact of the car was extreme."
The impact was so extreme that it sheared in half a number of bolts holding the axle to the body of the bucket loader.
Dr O'Keefe's wife Bev sat in the back of the court throughout the hearing and at its conclusion said she was disappointed the charge had been dismissed on what she claimed was a technicality.
However, she said the hearing had given her a clearer understanding of what happened on the day her husband died.
"I feel very sad that two families have had to go through this."
- DAILY POST (ROTORUA)
