Brian David Mills was sentenced to 12 months' supervision and two months' community detention after crashing into a para-cyclist in training for the 2020 Tokyo Paralympics.
Brian David Mills was sentenced to 12 months' supervision and two months' community detention after crashing into a para-cyclist in training for the 2020 Tokyo Paralympics.
A professional para-cyclist in training for the 2020 Tokyo Paralympics was sworn at and told to get off the road by a man who then stopped his van in front of her, causing her to crash into the back of it.
Despite the incident having happened five years ago,it remained unclear why Brian David Mills took issue with Cambridge paralympian Eltje Malzbender and her training partner that day.
Mills told the pair, when they met at a restorative justice conference, that he did not intend any malice and it was a “terrible accident”.
However, due to his actions, Malzbender was left with scratches, grazes, bruises, and pain in her arms, legs and nose.
The court heard that on March 14, 2020, the 57-year-old was driving south on Peake Rd as Malzbender and her training partner cycled the same road in single file.
Mills approached the pair from behind and while still a “considerable distance” from the cyclists, he started to sound his horn.
He then overtook them, while still sounding his horn, before pulling in front of the pair and slowing down “considerably”.
He then leaned out of the driver’s window and yelled, “get off the road you f****** b*******”.
Mills then moved his vehicle closer to the left side of the road and into the cyclists’ path when, without warning, he braked heavily, causing his van to suddenly stop.
Malzbender was left with no time to brake and was catapulted head-first into the back of his vehicle, while the front tyre of her tricycle burst.
She then fell to the ground, coming to rest face down on the road.
Mills, a former truck driver, then sped off, causing his tyres to screech on his way.
The front wheel of Malzbender’s bike, her helmet, cycling attire and prescription glasses all needed replacing.
Hamilton man Brian David Mills pictured outside the Hamilton District Court today. Photo / Belinda Feek
Her training partner managed to avoid crashing into the vehicle.
Mills was charged with dangerous driving causing injury and failing to stop and ascertain injury, which he successfully defended in a judge-alone trial.
However, police successfully appealed the outcome and Mills was faced with another trial or pleading guilty.
This year, he received a sentencing indication for the charges, which he accepted and pleaded guilty.
‘A vicious assault’
At his sentencing, Malzbender said in her victim impact statement that she had recovered from her physical injuries.
She has returned to riding on Peake Rd again, but becomes nervous if she sees a white van.
The memory of the incident continued to haunt Malzbender’s training partner.
“Being involved in such a vicious assault on his friend, a disabled person, while riding a tricycle was a terrible, traumatic experience, and the memory wouldn’t fade,” Judge Tini Clark said, reading his statement.
“He could not get the vision of the victim being catapulted head-first into the van and her face smashing into the rear door, out of his head.
“He said ... it was as vivid as ever as was the fear which gripped him thinking the enraged person would come marching back down the road ... to the extent he purchased dashcam video cameras, front and rear, as he now feels vulnerable on the road.”
He claimed it was a ‘terrible accident’
The court heard Mills has a history of driving convictions.
He was convicted of a careless driving charge in the 1980s, before incurring two more in the 1990s and another in 2006.
Following his latest offending, he attended a restorative justice conference with Malzbender and her training partner, which Judge Clark said was a “mixed bag in terms of success”.
“On the one hand, Mr Mills was accepting responsibility and was expressing remorse, but on the other hand, that acceptance of responsibility seemed to be diminished somewhat by his insistence that this was all a terrible accident.
“I am aware that has been his position from the outset.”
However, Mills had expressed shame that he’d hurt someone and spent a lot of time working on himself and apologised and asked for forgiveness, the judge said.
“Other comments were ‘yes it’s my fault, yes it’s terrible, yes I’ve hurt somebody ... but there was no malice in it’.”
At the conference, Malzbender questioned him on that stance, along with the fact that he had previously defended the charges.
“I think that’s where matters lie,” Judge Clark said.
“I don’t think there will ever be an agreement from either party as to what exactly has gone on here.”
Mills, an ACC beneficiary, told the court he was now a more patient driver and wished to take part in an anger management course.
After considering the submissions, Judge Clark sentenced Mills to 12 months’ supervision and two months’ community detention, which had a daily curfew of 9pm to 6am. He had also paid $3000 in emotional harm reparation.
“For some reason on this particular day, Mr Mills decided that his vehicle and his wishes took precedence over everything else, including the safety of the victim and her training partner,” the judge said.
“I consider that for whatever reason, Mills was angry and for whatever reason, he took that anger out on this pair as they were training in those vulnerable circumstances.”
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.
