Driver Paul Yerex suffered chest pains before crashing, killing woman

The scene of a crash caused by Rotorua businessman Paul Yerex because he suffered chest pains and veered off the road. Photo/Ben Fraser

Rotorua businessman Paul Yerex suffered chest pains just minutes before veering off the road and crashing into a car killing a loved mother and grandmother.

Helen Knox, 49, from Otaki, was killed instantly and three others were injured in the crash south of Rotorua on August 21 last year.

The woman's daughter, Stacey Kennedy from Tauranga, told Yerex through tears as he was sentenced in the Rotorua District Court yesterday that his decision not to pull over had torn her family apart.

"Because of your decision to keep driving that day, it cost my mum her life, injured my brothers, and emotionally and mentally affected so many other people than just our family.

"If only you had pulled over, even just for five minutes, we could still have our mum and her mokos would still have their nana ... I understand this was an accident but it was an accident that could have been avoided."

Stacey Kennedy, from Tauranga, holds a photograph of her mum, Helen Knox, who was killed in a crash caused by Rotorua businessman Paul Yerex near Rotorua last year. Photo/Ben Fraser

Yerex, 62, who has run an upholstery business in Rotorua for most of his life, had earlier pleaded guilty to careless driving causing death and three counts of careless driving causing injury after a crash on State Highway 5 in August last year.

Judge Greg Hollister-Jones disqualified Yerex from driving for eight months, sentencing him to 140 hours' community work and ordered he pay Mrs Knox's injured sons, William and Deane, $5000 each.

The public gallery was packed with about 60 of Yerex's friends and family, which Judge Hollister-Jones said showed it was an important occasion for the Rotorua community.

Judge Hollister-Jones said Yerex and his wife were travelling on State Highway 5 heading towards to Rotorua after spending lunch with family in Rerewhakaaitu.

Mrs Knox, who was a front-seat passenger, had been visiting family in Tauranga and was travelling south. Deane was driving and her other two sons, William and Matthew, were in the back seat.

About five to six minutes before the crash, Yerex suffered chest pains that came and went. About 1km to 2km before the crash site, he suffered a second bout of chest pains.

Judge Hollister-Jones said Yerex put the pains down to indigestion. His wife was asleep beside him and he had no current health condition that indicated something could be wrong.

The last Yerex remembered of the crash was suffering a third bout of chest pains causing him to veer across the road, the judge said.

The scene of a crash caused by Rotorua businessman Paul Yerex because he suffered chest pains and veered off the road. Photo/File

He noted Yerex had suffered similar chest pains in 2009 and another medical issue in 2011.

"There were no recent issues to alert you to a known medical condition that would cause you to immediately assess warning signals," the judge said.

Yerex's vehicle crashed into the rear of an oncoming car, which spun and landed about 50m away. The driver of that vehicle wasn't injured.

Judge Hollister-Jones said Yerex's car then crashed into Mrs Knox's vehicle, killing her instantly.

Deane suffered several broken bones. William was in the back seat and suffered the most serious injuries including multiple broken bones that saw him spend four-and-a-half months in hospital. He had to learn to walk again and was still on crutches. Matthew Knox was not seriously injured.

Yerex's wife also suffered serious injuries including several broken bones.

Judge Hollister-Jones said despite Yerex's chest pains, there had not been any "medical causation" found.

He acknowledged William could see his mother dead in the front seat of the car while he trapped in the back.

"That was very hard and that will affect you."

While reading her victim impact statement to the court, Mrs Kennedy said they were once a close-knit family but Deane had now cut himself off from the rest of the family because he wished he could have done more to save their mother.

"Because of his own guilt. Guilt that is not his to carry."

She said William, who wasn't able to attend his mother's funeral and say goodbye, had moved in with her when he was released from hospital so she could help him with his rehabilitation.

She said the family were aggrieved they had never been offered any grief counselling and had not been kept informed about what was happening.

"Our lives had just been torn apart and we were left to pick up the pieces."

Judge Hollister-Jones said he had to weigh up the grievous loss and Yerex's history of being a good citizen who had contributed to his community.

He said the aggravating factor was Yerex had two warning signs of something being wrong but he did not stop driving. The mitigating factors were his early guilty plea, good character, co-operation with police, offer to attend restorative justice and offer of reparation.