Mohammed Al Musharrafi caused another vehicle to crash on State Highway 3 last year. Photo / Getty Images
Mohammed Al Musharrafi caused another vehicle to crash on State Highway 3 last year. Photo / Getty Images
A trainee doctor who crashed into a car while trying to overtake it, causing the victim’s vehicle to skid off the road and careen through a fence, carried on driving without checking if the driver was injured or needed help.
Now, he has avoided conviction on two driving charges after a judge ruled convictions could jeopardise the man’s medical career.
On March 10, 2023, Mohammed Al Musharrafi was travelling north on State Highway 3 near Tongapōrutu when he began to overtake a vehicle at the Rapanui passing lane.
But when the 27-year-old ran out of room to complete the manoeuvre, he swerved back into the other lane, hitting the vehicle he was trying to pass, New Plymouth District Court heard on Friday.
This caused the victim to hit the barrier and lose control of her vehicle. She skidded across the southbound lane, went up a bank and crashed through a fence and into a paddock.
Both of her front airbags deployed and she was not injured.
In explanation, he told police he did not think he hit the other car “too badly” and did not realise it had crashed.
In court on Friday, defence lawyer Julian Hannam made an application for Al Musharrafi to be discharged without conviction, which police did not oppose.
He said his client’s means were limited but he wanted to offer amends to the victim with a payment of $500.
In an affidavit Al Musharrafi provided to the court, he referred to it as a “humble gift”.
Judge Tony Greig said the affidavit was compelling. Police prosecutor Detective John Simes agreed.
But the judge said before he had read the affidavit, he had felt that “of all people”, Al Musharrafi should have stopped to see if the victim needed help, due to his profession.
“When I first started looking at this [case], I took a very serious view of it.”
However, through Al Musharrafi’s “long and detailed” affidavit, Judge Greig learned the defendant had little driving experience, it was the first long journey he had undertaken, and he grew up in Oman, where motorists drive on the opposite side of the road to New Zealand.
Mohammed Al Musharrafi appeared in New Plymouth District Court on Friday. Photo / Tara Shaskey
Judge Greig also accepted his explanation that he did not realise the victim’s vehicle had gone off the road and through a fence.
The judge said Al Musharrafi’s level of culpability was low and the consequences of a conviction “significantly” outweighed the seriousness of what occurred.
“You are a young man who has done very well at school. Your country gave you a scholarship to study medicine - there are not many of those issued.
“You want to pursue a career in medicine, maybe even being a surgeon. That would involve obviously qualifying and being allowed to practise medicine, and it may involve further study overseas.
“I accept entirely that convictions for this might well jeopardise your whole medical career.”
Al Musharrafi had offered to take part in a restorative justice process with the victim, which she declined.
While that was “a pity”, the judge said she may have thought Al Musharrafi was some “uncaring young man who drives like this all the time”.
“I think if she’d met you she might feel better about what happened and have more understanding.”
The judge accepted Al Musharrafi’s offer of emotional harm reparation, saying it was entirely appropriate, and discharged him without conviction.
“I wish you all the best for the rest of your life,” Judge Greig told him.
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff where she covered crime and justice, arts and entertainment, and Māori issues.
