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Home / New Zealand

Timaru car crash that killed five teenagers: Coroner rules no inquest required

Kurt Bayer
By Kurt Bayer
South Island Head of News·NZ Herald·
5 Oct, 2022 04:01 AM3 mins to read

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The Lost Boys: Joseff McCarthy, Jack Wallace, Niko Hill, Javarney Drummond, and Andrew Goodger were all killed in a crash outside Timaru. Photo / Supplied

The Lost Boys: Joseff McCarthy, Jack Wallace, Niko Hill, Javarney Drummond, and Andrew Goodger were all killed in a crash outside Timaru. Photo / Supplied

An inquest won't be heard into the death of a Timaru teenager who died alongside four mates in a high-speed crash caused by a 19-year-old driver.

Javarney Wayne Drummond, 15, Niko William Hill, 15, Jack "Jacko" Wallace, 16, Joseff "Joey" McCarthy, 16, and Andrew Goodger, 15, were all killed when the Nissan Bluebird they were travelling in smashed into a concrete power pole on August 6 last year.

The impact was so severe, it sliced the car in half.

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Only the driver, 19-year-old Tyreese Fleming, who was on a restricted licence, survived the smash.

Fleming was jailed for two-and-a-half years after an emotional sentencing hearing at Timaru High Court in June. After admitted five dangerous driving causing death charges.

Outside court, Javarney's father Stephen Drummond said he was disappointed at the end sentence of two-and-a-half years.

"He killed five kids," he said.

"You choose to drink and drive and everything else ... it wasn't a pure accident."

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Tyreese Fleming was sentenced in the Timaru District Court on Wednesday. Photo / George Heard
Tyreese Fleming was sentenced in the Timaru District Court on Wednesday. Photo / George Heard

Fleming's offer of emotional harm money was turned down by the families, Drummond said.

The grieving father had been pushing for a coronial inquiry into his son's death.

But in a decision released today, Coroner Marcus Elliott ruled out an inquest.

Coroner Elliott gave two reasons for not opening an inquiry, including Fleming already being convicted, and that he is satisfied that the terms of section 57(2) of the Coroners Act 2006 have been adequately established by the High Court proceedings.

The section of the Act states that the first purpose of a coronial inquiry is to establish "so far as possible" that a person has died; the person's identity; when and where the person died; the causes of the death; and the circumstances of the death.

Fleming was taken to Timaru Hospital with moderate injuries after the crash and posted a message on social media the next day to let people know he was alive.

He was discharged from hospital a week later.

Fleming was initially charged with five counts of manslaughter and made a brief appearance at Timaru District Court on December 8 last year.

In April he entered guilty pleas through his lawyer Thomas Nation to reduced charges of dangerous driving causing death.

Crown prosecutor Andrew McRae highlighted Fleming's inexperience as a driver - a 19-year-old breaching the terms of his restricted driver's licence by carrying passengers – his consumption of alcohol, speed, and overloading of his car which "affected the dynamics of the vehicle".

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"This was a combination of very poor decisions on behalf of the defendant that led to the tragedy that was beyond all imagination for these five victims, extended families, friends and associates," McRae said.

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