Daniel Rikiti has admitted a charge of dangerous driving causing Richard Martin's death. Photo / Kelly Makiha
Daniel Rikiti has admitted a charge of dangerous driving causing Richard Martin's death. Photo / Kelly Makiha
Daniel Rikiti has been sentenced to three years’ imprisonment for dangerous driving causing the death of Richard Martin.
Rikiti remains on bail pending an appeal, despite being sentenced to prison by Judge Paul Geoghegan.
Martin’s son, Samuel, supported Rikiti, highlighting his remorse and urging for a non-custodial sentence.
In a car he was forbidden to drive, Daniel Rikiti ran over and killed a Rotorua man, shattering the lives of those who knew him.
Now, Rikiti has been jailed for three years.
But he isn’t behind bars.
Rikiti was sentenced by Judge Paul Geoghegan in the href="https://www.nzherald.co.nz/rotorua-daily-post/news/rotoruas-2024-court-stories-gangs-teen-prostitution-and-a-parole-hearing-for-an-infamous-murder-case/C42OVZFNIJHETEBUPT5FOGZLRY/">Rotorua District Court on Friday, after pleading guilty to dangerous driving causing the death of Richard Martin on September 17, 2022.
As the prison guards were about to lead Rikiti away, his lawyer, Tim Braithwaite, told Judge Geoghegan he had instructions to appeal any prison sentence.
Judge Geoghegan allowed Rikiti to remain on continued bail – which he hadn’t breached since being charged – until his appeal was heard.
What Rikiti did
Martin, 59, had spent a night out with his partner, Tanya Anderson, and their best friends and was leaving the Rotorua Citizens’ Club about 2am.
He stepped out onto Arawa St and raised his hand to Rikiti, who was travelling towards him. But Rikiti didn’t see him and didn’t slow down, hitting Martin and throwing his body about 15 metres.
Martin suffered several broken bones, spinal damage and brain damage. He died in Middlemore Hospital 13 days later.
Don’t send him to jail, son pleads
Rikiti found an unlikely supporter in Martin’s son, Samuel Martin, who told Judge Geoghegan while reading his victim impact statement he did not want Rikiti to go to jail.
He met Rikiti the day before sentencing for a restorative justice meeting and told Judge Geoghegan he now understood Rikiti’s circumstances.
Richard Martin died after being hit by a car in Rotorua.
Samuel Martin said his father was a “loving man” and he knew he would want them to do right by his name.
“If there had been any ill intent in the death of my dad, I would have chosen a different path in justice.”
He said his mindset shifted after meeting Rikiti, understanding his situation with his whānau and hearing his remorse.
“I want him to move on with his family and make a positive impact in the community.
“I want to give Daniel the opportunity to be the best dad that he can be to his daughter.”
Tanya Anderson embraces a photo of her soulmate Richie Martin, who was killed after being hit by a car while crossing the road. Photo / Andrew Warner
Anderson also read her victim impact statement, supported by a friend and at times trembling and crying.
She said life was good and they had just enjoyed a great night out. She was walking eight to 10 metres in front of Martin as they crossed the road.
“We always did everything together, and I mean everything. We were described by many as being joined at the hip. The guilt I carry for not waiting and holding Richie’s hand and walking across the road together as we always do is immeasurable. I have replayed this over and over in my head.”
She said she was still unable to drive on Arawa St, where the accident happened.
When Rikiti struck Martin, she turned and saw Martin falling from a “great height”, lifeless on to the road.
“In the blink of an eye, my whole world shattered.”
She said he fought for his life in the following days, despite the bad prognosis..
“I know he didn’t want to die. He was so happy with life. But his body was broken.”
Martin opened his eyes to Anderson’s voice once, but her initial excitement “turned to terror” as the excitement sent him into cardiac arrest and hospital staff had to revive him.
“I’m calling out ‘Come on darling, come on’.”
She said one of Martin’s sons started saying the Lord’s Prayer while his other son performed a haka.
His heart started beating again, but the cardiac arrest caused further unsurvivable damage to his brain. Martin’s life support was eventually turned off.
“On the 23rd of September 2022, Richie took his last breath. The day he died, half of me died. It was a senseless death that could have been avoided.”
Other victim impact statements were read by friends and family members who described Martin as a “doer” and the “favourite friend“.
Judge Geoghegan said prison was the only outcome for Rikiti.
He listed the aggravating features, including the fact Rikiti was driving a car previously ordered off the road.
Hours before hitting Martin, Rikiti had fought with his partner, who had further damaged Rikiti’s “pink-stickered” car by smashing a golf club through the windscreen.
Police were called and issued an order for Rikiti and his partner not to have contact for three days.
Despite this, Rikiti went looking for his partner in Rotorua’s central business district.
Judge Geoghegan said Rikiti’s visibility was affected by the smashed windscreen.
He gave a discount of 5% for remorse after Rikiti’s constructive restorative justice meeting with Samuel Martin.
Braithwaite asked Judge Geoghegan to stand back from a prison sentence as Rikiti had fulltime care of his 5-month-old daughter.
Braithwaite said Rikiti’s partner, the baby’s mother, was in prison and had serious mental health issues.
Judge Geoghegan wasn’t convinced it was enough to spare him a prison sentence and instead gave a 10% discount for the effects imprisonment would have on a dependent child, who would need to instead be cared for by Rikiti’s mother.
“Your child can be seen as another victim of this offending.”
That gave total discounts of 25% – or 12 months, making the end sentence three years’ imprisonment. Judge Geoghegan also disqualified Rikiti from driving for three years.
Braithwaite has lodged the appeal but a date for the hearing is yet to be set.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.
Correction
Daniel Rikiti was convicted and sentenced for dangerous driving causing death, not reckless driving causing death.
