Driver deserved jail: Victim's family

The family of a motorcyclist killed by the careless actions of a Rotorua driver have been angered by comments made at sentencing and by the penalty handed down by the judge.

Last week, Ronald Matheson, 66, was sentenced to four months' community detention, 12 months' supervision and disqualified from driving for 12 months after pleading guilty to careless driving causing the death of 38-year-old Waiohau man Jason McCauley on July 14, 2012.

Speaking on behalf of the McCauley family, a cousin, Zania McCauley-Chase, said the sentence given to Matheson had been a shock and a disappointment.

"Even though sending him to jail would not have brought Jason back, I feel imprisonment would have been justified as he did take a life," Mrs McCauley-Chase said. "What he did get seems nothing more than a slap on the wrist."

In the McCauley family's view, the restorative justice conference had not gone well.

"We did not believe Mr Matheson's remorse was genuine, especially as he had maintained a not-guilty plea until a month before his trial was due to begin," she said.

"But what made us more angry was that [Matheson's lawyer] Annette Sykes, at sentencing, described an offer of Matheson's to make greenstone taonga for Jason's children as part of a tikanga process.

"At the time, the offer was like a slap in the face and it was declined, so we don't know why she brought it up again."

Helen Scott, Mr McCauley's former partner and the mother of his children, said the taonga gesture came as the result of an avoidable accident that was Matheson's doing and resulted in her children having no father: "They love and miss their daddy and the accident stole their smiles. Smiles that can't be replaced by a taonga."

Ms Scott said family were confused after Ms Sykes said in court Mr McCauley had alcohol and methamphetamine in his system.

Police have told the Rotorua Daily Post Mr McCauley had alcohol in his system but the level was under the legal limit. The family said the police report stated there were minute traces of methamphetamine which would not have impaired his ability to drive. The police were unable to comment to the Rotorua Daily Post about the level.

Ms Scott said as family trying to restore the mana of Mr McCauley, learning Matheson was worried about regaining his own mana was a joke.