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Home / New Zealand

Taxi driver convicted after hitting and seriously injuring pedestrian

Otago Daily Times
17 Jun, 2015 10:25 PM3 mins to read

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The driver appeared before the Dunedin District Court. Photo / File

The driver appeared before the Dunedin District Court. Photo / File

The driver of a taxi van which struck and seriously injured a pedestrian in North Dunedin after the All Blacks v England rugby test last June, has been convicted, disqualified from driving and given a financial penalty.

Hemendra Divesh Pratap (40), taxi driver, was before the Dunedin District Court yesterday after admitting causing injury to 37-year-old Ross Mackenzie by driving carelessly in Great King St on June 15 last year.

Pratap, through counsel Rajesh Thomas, had sought a discharge without conviction and a special reasons finding for the court to impose less than the mandatory disqualification.

But yesterday, he abandoned both applications.

He had also indicated some facts were in dispute.

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But a facts hearing had not happened and there was no challenge to the summary before the court, Judge Michael Turner noted.

Pratap was convicted, fined $500, court costs $130, disqualified from driving for six months, and is to pay $4400 reparation at $400 a month.

Mr Mackenzie was walking along Great King St shortly before 1am, looking for the motel where he was staying. He became disoriented and began to walk across Great King St.

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At the same time, Pratap was driving north to pick up a group of passengers.

As he passed the intersection with Dundas St, his attention was distracted by the large number of people to his right, near McDonald's restaurant.

He failed to pay attention to the road ahead, in particular the left hand lane and was focused on what was happening on the footpath on the right.

He did not notice the victim crossing the road ahead of him and, as Mr McKenzie entered the right hand lane, the taxi van struck him, throwing him metres in the air and across the road.

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The impact left him with a badly broken leg, ruptured ligaments in his knee, a lacerated liver and internal bleeding, a fractured skull, broken nose and teeth and significant brain and neck injuries.

He was in hospital for more than a month and would require years of rehabilitative treatment, the police summary said.

Pratap told police he had not seen the victim at all.

His attention had been focused on the lane he was in and on the behaviour of the people on the footpath near McDonald's, he admitted.

Judge Turner said it was fortunate the victim had recovered, although it seemed he had yet to make a full recovery.

Reports said there had been financial and emotional consequences for the victim and his wife.

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A restorative justice conference had been successful.

The victim and his wife had accepted Pratap's apology and his offer to pay emotional harm reparation.

He had paid $800 to date. In this case, Pratap's driving had fallen below the required standard.

He did not see the man crossing from his left because his attention was focused on people on his right. He was distracted.

The reasons why were understandable. But he failed to keep a proper lookout.

If he was keeping a proper lookout, he would have seen the man crossing the road.

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There was a man there to be seen and he did not see him. The judge accepted Pratap had not been travelling at an excessive speed.

But he noted Pratap had been fined 10 times in the past for exceeding the 50km/h speed limit and had been involved in two accidents but not prosecuted.

Allowing credit for Pratap pleading guilty, the judge also acknowledged his genuine remorse.

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