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Home / New Zealand

Wife devastated by loss of husband 25 days after he was rear-ended in crash

Otago Daily Times
8 May, 2019 06:19 AM2 mins to read

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The crash occurred at the intersection of State Highway 8 and Muttontown Rd. Photo / Google

The crash occurred at the intersection of State Highway 8 and Muttontown Rd. Photo / Google

The family of a Central Otago man who died 25 days after his car was rear-ended by another vehicle say they will never come to terms with his loss.

Alan Leslie Weir, of Clyde, died on April 7 last year aged 77 and Cromwell man John Buchan Cole, then 78, was charged with operating a vehicle carelessly and thereby causing injury to, or the death of, Weir.

Cole had been driving from Clyde to Alexandra on State Highway 8 on March 13 when Weir's car was waiting at the centre line to turn right into Muttontown Rd, Judge Michael Turner heard in the Alexandra District Court yesterday.

Cole did not see Weir's car, focusing instead on another car between them that turned left suddenly. Cole rear-ended Weir's car. Weir suffered six broken ribs and was in and out of hospital for several weeks. He subsequently died of respiratory failure.

A pathologist's report, by Dr Martin Sage, said the balance of probabilities showed the initial injuries Weir sustained precipitated his cause of death, Judge Turner said.

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However, Dr Sage also said it was not possible to conclude that beyond reasonable doubt, because Weir also had pre-existing health issues, so police had to amend the charge to operating a vehicle carelessly and causing injury. Cole pleaded guilty to that charge.

Four of Weir's family members read victim impact statements during sentencing saying they had ''no doubt'' the crash had caused Weir's death.

His wife, Maureen, said her husband had been ''the love of my life'' and it had been ''devastating'' watching how much pain he was in after the accident and to lose him from their family.

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The family was also upset Cole had not contacted them to apologise.

Counsel for Cole, Kate McHugh, said Cole was a quiet, honest man who had wanted to express remorse but felt unable to while the legal process was continuing.

Cole read out a statement in court offering his ''deepest apologies and remorse'' for the loss and hurt he had caused, and said he thought about the accident every day.

Judge Turner disqualified Cole from driving for eight months, and ordered him to pay emotional harm reparation of $2500.

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