Road-rage driver must pay injured cyclist for causing crash over racist slur

Azel Pickering over-reacted when a cyclist gestured at him and yelled a racist slur as they jostled for position on a Hamilton road. Photo / NZME

A man who cut off a cyclist after being called a "black c***" accepts he should have never retaliated.

However Azel Pickering, through his lawyer, told a court the incident occurred after a culmination of stressful events that eventually caused him to "snap".

Pickering was travelling with his 16-year-old daughter along Borman Rd, Hamilton, just after 8am on July 21 last year at the same time the cyclist was biking ahead of him in a group.

He continued driving about 1m behind the victim before overtaking him, pulling back in front, and coming to a stop, causing the cyclist to hit his vehicle at a speed of about 40km/h.

The impact saw the cyclist thrown over the top of the car before coming to land on the ground about 3m away.

Pickering yelled at him; "You're not so f****** tough are you now you little b****," before going over and picking him up with both hands and pushing him down again.

The cyclist suffered a broken finger, multiple cracked ribs, bruised chest, and a grazed leg.

When questioned by police, Pickering said the cyclists were riding across the road in a row of three, there were multiple cars on the other side of the road and he couldn't go around them.

"I then tooted at them to move across and then this guy pulled the fingers and swore at me calling me a 'black c***'.

"This caused me to become very upset and angry as I had my 16-year-old daughter in the car ... I shouldn't have done what I did ... and hope he is okay."

His lawyer Mark Jepson told Judge Stephen Clark in the Hamilton District Court today, that Pickering and his family had endured some family "issues" prior to the incident, which were suppressed, and he accepted that he just "snapped".

"It was essentially a very stressful time ... and then these comments were made by the cyclist when Mr Pickering was trying to get by.

"He acted completely out of character," Jepson said, highlighting it was his client's first time in court.

Judge Clark accepted there were circumstances that led to the incident, as well as Pickering's stress over personal issues.

"There doesn't seem to be a challenge to the suggestion that the cyclist didn't abuse you in a racist fashion and that you responded by driving in front of him, causing him to hit your car."

He went on to describe Pickering as "one of those rare persons who come before the court at your age and are one of clearly good character and that's exemplified by the fact you have no convictions and you took positive steps straight away to arrange payment".

The judge accepted Pickering was "truly remorseful" and that he should never have pulled over.

Judge Clark convicted and discharged Pickering on the charge of assault, while on a charge of careless use causing injury, he was disqualified from driving for six months.

However, he backdated the suspension to May 31, when Pickering pleaded guilty.

Judge Clark also ordered Pickering pay the victim $1200 in emotional harm reparation at $50 a week.