Niklas Gebhardt was jailed for manslaughter at the High Court in Christchurch earlier this month. Photo / George Heard
Niklas Gebhardt was jailed for manslaughter at the High Court in Christchurch earlier this month. Photo / George Heard
A father jailed for killing his 6-year-old son in a deliberate high-speed car crash had a murder charge downgraded to manslaughter despite a confession to police.
Niklas Gebhardt, 32, pleaded guilty to manslaughter this year after the November 2019 crash on the outskirts of Rangiora, North Canterbury which claimed thelife of his son Lachlan.
She believes that her "beautiful, sweet son" was killed in a "planned and calculated" act.
After Justice Jan-Marie Doogue jailed 32-year-old ex-footballer Gebhardt for five years on August 3, a special suppression hearing was held to determine whether the fact Gebhardt had once faced a murder charge, but it was reduced to the lesser charge of manslaughter.
Gebhardt's lawyer Andrew McCormick argued that the murder confession should be permanently suppressed.
But Justice Doogue also heard submissions from the media – which were not opposed by the Crown – that it was in the public interest to reveal the high-profile case's history.
The judge agreed and allowed the background to the case to be reported for the first time, although Gebhardt's lawyer indicated it would be appealed. The appeal period lapsed last night without any application being made.
Gebhardt was originally arrested and charged with manslaughter.
But after 10 months after the crash, he walked into Christchurch Police Station, took his clothes off and pleaded to be jailed.
He was arrested again, and charged with obscene exposure in public.
Two weeks later he walked into Kaiapoi police station to "confess" to his son's murder.
And later, the manslaughter charge was upgraded to murder.
His lawyer challenged the admissibility of that evidence. Gebhardt said he had made up a false confession and there were concerns over his mental health at the time. The case was argued in the High Court where it was upheld.
McCormick then took the case to the Court of Appeal last September and won, prompting the Crown to withdraw the murder charge and replace it again with one of manslaughter.
The court earlier heard that Gebhardt drove off the road about 130km/h through the bend of Lehmans Rd and River Rd near Rangiora Racecourse, North Canterbury, on November 5, 2019.
The car launched 24m in the air before it hit a tree 7m higher than its take-off point.
It burst into flames and Lachlan died at the scene.
There were no signs Gebhardt tried to brake, swerve, or slow down.
A car driven by Niklas Gebhardt failed to take the bend at Lehmans Rd and River Rd near the Rangiora Racecourse November 5, 2019 resulting in the death of his son Lachlan. Photo / Kurt Bayer
Crown prosecutor Mark Zarifeh said it was a "very sad case" and one that defies explanation or description.
"There are really no words that can capture the loss caused by Lachlan's death," he said.
It was "deliberate driving conduct" that day by Gebhardt, the prosecutor told the court.
But Gebhardt has amnesia from the period of time he drove off the road, McCormick said, and cannot remember why he did so.
While the defence lawyer acknowledged an "absolute tragedy" which has "affected many, many people", he stressed that it was not murder.
