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Home / New Zealand

Truck driver who killed Napier cyclist to pay $1500 reparation

Hawkes Bay Today
30 Apr, 2018 11:34 PM3 mins to read

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This year's road toll so far is nearly on a par with the same period in 2017.

A commercial truck driver who hit and killed a cyclist in Napier last year has been ordered to pay $1500 reparation.

Jason Albert Collier, 42, appeared in the Napier District Court today after pleading guilty in March to careless driving causing the death of Benjamin Den Ouden.

Collier stopped his a truck and trailer at a red light at the intersection of Kennedy Rd and Georges Dr, intending to turn left into Georges Drive, about 6pm on April 21 last year.

At the same time, Den Ouden, 30, rode along the cycle lane left of the truck and also stopped at the red light, intending to ride straight through the intersection.

When the light turned green both set off and Collier turned his truck across the cycle lane, knocking Den Ouden off his bike.

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Den Ouden was trapped under the truck and dragged approximately 100m along Georges Drive.

Den Ouden suffered multiple injuries and died at the scene.

Collier drove on to Hastings and home to Rotorua. When spoken to by police, he said he felt a bump but thought he had run over a road cone or pot hole.

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Supported by family members, Collier appeared for sentencing this morning.

His defence lawyer Cam Robertson said Collier was remorseful and the serious crash unit report into the death had considerably reduced his culpability.

"The defendant's remorse is genuine and the experience has affected him deeply."

Judge Tony Adeane said such cases were often difficult as minor driving faults could have "consequences out of all proportion to the blame of an innocent driver".

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The judge said Collier's case was at the lower end of the scale of carelessness and the penalty should reflect this.

"None of the parties see the court as having any major role to play in concluding this matter and I agree with that.

"The court should place a very light hand on the matter indeed."

He ordered Collier to pay reparation totalling $1500 and did not disqualify him.Born in Whangarei, Den Ouden held a BA in cultural studies and philosophy from Victoria University in Wellington. He was well-travelled, having lived in India and studied music in the United Kingdom before doing religious studies in the Netherlands.

The son of Bob Stansbury and Hester Den Ouden, he had only recently returned to New Zealand when he died.

Speaking shortly after Den Ouden's death, his uncle Mike Stansbury said he was "the sort of nephew you would be quite happy to have".

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"He had a sense of humour, was competent and he had some weird ideas about music - death rock or something, I think it is called - but that's what all old people like me say."

Careless driving causing death carries a maximum penalty of three months' imprisonment or a $4500 fine.

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