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Home / New Zealand

Truckie fails to overturn conviction for causing death with unlit trailer

Ric Stevens
By Ric Stevens
Open Justice reporter·NZ Herald·
20 Mar, 2022 04:00 PM3 mins to read

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Justice Christine Grice said that Frederick Matete had not supplied enough information to the High Court to overturn his conviction. Photo / NZME

Justice Christine Grice said that Frederick Matete had not supplied enough information to the High Court to overturn his conviction. Photo / NZME

A truck driver has failed to overturn a conviction for causing the death of a friend who rode a moped into the back of his parked, unlit trailer unit on a dark Gisborne street.

However, Frederick Matete, 50, has had his period of driving disqualification reduced from 12 to six months.

Russell Grant, 34, died after finishing his shift at Cedenco Foods in Gisborne about 10pm on March 27 last year.

While riding his 50cc scooter down Anzac St, he rode into the back of a parked heavy vehicle combination and became wedged underneath it. He died about an hour later.

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Matete had parked the truck shortly before and told police that he turned on the night light. It was not the truck he usually drove and he did not know that the rear-facing light fitting had no bulb in it.

Matete had worked with Grant, knew him well and counted him as a friend. He pleaded guilty to careless use of a vehicle causing death.

In the Gisborne District Court, Judge Robert Spear said it was of concern that Matete had been provided with a truck that did not have the required rear-facing light but he could not determine any wider responsibility for the accident.

He said Matete had been the person charged, and had been careless in leaving the trailer parked in the dark street, late at night, without checking a light was on.

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He convicted Matete and sentenced him to four months of community detention and disqualified him from driving for 12 months.

Matete appealed to the High Court, arguing that he should have been granted a discharge without conviction and that, even though his offence had tragic consequences, his sentence was "manifestly excessive" due to the low level of carelessness involved.

In a written decision, High Court Justice Christine Grice said that the hazard presented by an unlit truck would have been well known to Matete, a professional driver.

"The appellant was in charge of that truck. He failed to check the lighting. The consequences were substantial – someone died," Justice Grice said.

She said Matete had not provided the court with enough evidence to set aside the conviction, but she said the 12-month disqualification was excessive. She reduced it to six months.

Justice Grice said driving disqualifications were meant to keep dangerous drivers off the road for as long as possible.

"I do not see Mr Matete as posing a threat to other motorists in the future."

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