Son forgives Hamilton driver Kathleen Davies for failing to stop after father’s fatal scooter crash

Kathleen Davies, 74, was charged with failing to stop and ascertain injury or death after her car fatally hit Mesui Tauaika's mobility scooter in Hamilton in 2024. Photo / Belinda Feek

The son of a 92-year-old who died after a woman crashed into his mobility scooter says he has forgiven the driver, but the family continue to “carry the pain of our loss”.

Kathleen Veronica Davies, 74, was not charged with causing Mesui Tauaika’s death, because she was not at fault. She was instead charged with failing to stop and ascertain injury or death.

After Davies’ sentencing today, Tauaika’s son, Sam Tauaika, told NZME that he didn’t hold any animosity towards her and understood that it was an accident.

Tauaika died after being struck by Davies’ vehicle as he crossed a Hamilton road on his mobility scooter on June 25, 2024.

Davies told police she heard an “almighty bang”, noticed that her side wing mirror was damaged, and stopped further up the road.

In the Hamilton District Court, Judge Gordon Matenga said it was a difficult sentencing exercise “because it’s difficult to put to one side the fact that a person has died”.

“But I am not sentencing you on the basis that you caused Mr Tauaika’s death.”

‘I am sorry the guy’s died’

It was 2.20pm when Davies was travelling along Peachgrove Rd and Tauaika was on his scooter, crossing the road using a raised island.

Davies “unintentionally” hit Tauaika with her car, knocking him to the ground, causing significant damage to his scooter.

NZME understood Tauaika did not stop as he crossed the road, and the two collided.

Tauaika suffered a fatal head injury and fractured hip.

When Davies stopped up the road, she got out of her car and saw it had been significantly damaged.

She looked behind her but could not see anything, stating, “maybe it was clear”.

Mesui Tauaika, 92, was fatally struck on his mobility scooter at this raised crossing on Peachgrove Rd, Hamilton, in June 2024. Photo / Belinda Feek

“All I could see was bush.”

She got back in her car and drove home. She then called her insurance company and arranged to have her vehicle towed.

When questioned by police, Davies said, “I don’t want to be put in jail ... I am sorry the guy’s died. My condolences, it’s hard”.

“I heard an almighty bang and looked in my wing mirror, and I thought, ‘what the hell’, it’s been taken out.”

Church minister visited before his death

On the day Tauaika, of Tongan descent, died, he had been to visit a family friend, before visiting his church minister on Mardon Rd, his son said.

He was on his way back home when he was struck.

Sam was glad the court process was now over, because every time he attended an appearance it brought the memories of his father’s death flooding back.

He said his father had been riding a scooter for almost 30 years after dislocating his hip.

Sam had worried that his father would one day be struck by a car, but knew he also needed to get out and about, as he did not want to be cooped up at home.

“He liked talking to people,” he said.

Today’s hearing brought a mix of emotions for Sam, he said.

Kathleen Davies, 74, was sentenced in the Hamilton District Court. Photo / Belinda Feek

“But [it] closes an important chapter in the justice process.

“As a family, we continue to carry the pain of our loss, but we also recognise the value of healing and forgiveness.

“We hope that accountability leads to learning, and that all involved can move forward in a more positive direction.”

‘Niche’ circumstances

Davies’ counsel, Abby Brownlie, said her client had no previous convictions and was of otherwise good character.

Given the “niche” circumstances of the case, she submitted her offending fell at the lower end of the scale and asked for a community detention sentence.

Davies had also had an informal restorative justice meeting with Sam this year.

Judge Matenga said it was important to keep in mind how Tauaika’s life was taken prematurely.

“While you are not here to answer for being the cause of his death, it must be acknowledged,” he told Davies.

In sentencing her, the judge had to be consistent with how other judges have applied the law in the past.

“It’s a matter which is very fact-specific.

“It’s important that I impose the least restrictive outcome that I possibly can.”

He said the charge carried the same penalty as drink-driving causing death: five years’ jail or a $20,000 fine.

The Land Transport Act charge required that people involved in an accident must stop, get out of their vehicle, and see what damage has been caused and if anyone has been injured.

However, some people drive on, either panicking or leaving it to other people to help the victim, and some have no conscience whatsoever, the judge said.

“I don’t see you as being in that latter category, Ms Davies,” he told the defendant.

“I don’t see you as being someone with no conscience and who didn’t care.

“You did stop, albeit briefly, but not immediately.”

Her error was not going back to the scene and checking to see if anyone was injured, he said.

“You chose not to stop and not check.”

Judge Matenga said it was unknown whether medical intervention could have helped Tauaika, “I suspect not”.

“Because as I understand it, there were people, members of the public, who were there close by and gave immediate attention.”

Davies was sentenced to two months’ community detention, with an 8pm to 6am curfew, and disqualified from driving for 18 months.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 11 years and has been a journalist for 22.