Man who caused terrifying Hamilton crash injuring four succeeds in bid to avoid conviction

A 13-year-old boy spent a month in hospital after a speeding car he was a passenger in became airborne and flew over a roundabout before crashing to the ground and rolling multiple times.

Now the 21-year-old driver, who was on a learner’s licence, has been discharged without conviction after a judge took into account his age and the “significant hurdles” he faces in society as a person of Māori and Niuean descent, along with his rehabilitative steps.

Craig Foliola’s lawyer, Lyn Walkington, acknowledged the crash was a result of a “silly, silly piece of driving” on March 9 this year.

Foliola was in the Hamilton Young Adult Court on Tuesday pursuing a discharge without conviction through Judge Denise Clark on three charges of driving dangerously causing injury, driving without an appropriate licence and burglary after stealing a courier package containing soap from his neighbour.

It was about 1.30am when he was travelling north along Cobham Dr and he hit the roundabout outside Pak’nSave, at the intersection with Tristram St, flipping the vehicle before landing upside down on a grass verge. It was captured on the dashcam of another motorist.

In the dashcam footage a passenger in the car that witnessed the crash is overheard saying: “Holy s***, call 111.”

Walkington said while she wasn’t trying to suggest that the offending was “not troubling”, and that speed was involved, Foliola had pleaded guilty immediately and “felt terrible for what happened, putting people at risk”.

Being of Māori and Niuean descent, he already “faces significant hurdles in our society”, but mixed in with his youth, meant he wasn’t mature enough to recognise the consequences of his actions.

He’d also actively applied for jobs over the past month and enlisted with agencies but when informed of his offending, he’d been told there wouldn’t be a job available.

He also had a tattoo on the side of his head but with a “bigger beard” that could be covered up. Foliola had also been to WINZ to get a grant for the $2100 removal cost but it was declined.

The whole purpose of the Young Adult Court was to take a “holistic way” to offenders to “provide them with some hope” as they didn’t recognise the short-term consequences of their actions and those decisions can be life-changing, she said.

Foliola had also successfully completed the Right Track programme which was aimed at challenging offenders' thinking and behaviours when behind the wheel.

“He’s trying ... the motor vehicle incident was really troubling. It was just a silly, silly piece of driving. He’s so fortunate that ... that people didn’t die.”

‘Not a relevant consideration’

Police opposed the application, citing the seriousness of his actions, the time of night it happened, the speed he was going - which was unknown, the unroadworthiness of the vehicle and the potential to hurt other road users.

The prosecutor also noted Walkington’s comments around Foliola’s ethnicity, but she said that Europeans had the highest traffic offending rate so far this year, compared to other ethnicities, according to police statistics.

The aftermath of a crash where four people were injured after a car went flying over a roundabout, getting airborne and nosediving into a road sign before flipping several times and coming to a stop on its roof during a crash in Hamilton on March 8.

Emergency services at the scene of the crash about 1.30am on March 9 this year after driver, Craig Foliola, crashed into a roundabout and flipped several times. Photo / Supplied

“Police acknowledge that Māori are systematically disadvantaged but ... this is not a relevant consideration for a discharge without conviction.”

As for his difficulties getting a job, “that is speculative”.

“It wouldn’t preclude the defendant from seeking other employment in the future therefore employment consequences do not outweigh the gravity of the offending.

“And, it would be in the interests of public safety that a conviction was entered,” she told the judge.

Judge Clark then took the opportunity to talk to Foliola about the Right Track programme.

The unregistered, unlicenced vehicle flips through the air during the crash in central Hamilton in March. Photo / Supplied

“It was good for me,” he said. “I learnt heaps. Speed ain’t always cool.”

Asked why he hadn’t driven since he said it was because of his “dumb behaviour and dumb decision I made at the time”.

He was still on his learner’s licence but told the judge he would get his proper licence once his disqualification had ended.

‘Poor decision-making’

Judge Clark accepted Walkington’s submissions and agreed his offending didn’t fall into the serious category, more moderately serious, and found there was an appreciable risk that a conviction would hinder Foliola’s future job prospects.

“It is clear that in our communities and actually nationwide that our statistics show that there is disproportionate over-representation of Māori in many areas and that is something that Ms Walkington says isn’t a reason to get a [106] but it’s something that can perhaps be taken into account.

“I think your behaviour on these occasions ... showed poor decision-making ... but is something that is not an excuse but is a feature that young people do not think through consequences of actions before they take them.”

She found a conviction would be out of proportion to the consequences of his offending and granted him the discharge without conviction.

Foliola was also disqualified from driving for 12 months, backdated to the offence date, but didn’t issue a fine as he had no money.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for nine years and has been a journalist for 20.