Zaryd Wilson (inset) was charged with careless driving causing injury after driving into a motorcyclist at a Whanganui roundabout.
Zaryd Wilson (inset) was charged with careless driving causing injury after driving into a motorcyclist at a Whanganui roundabout.
A moment’s inattention by a driver at an intersection led to severe consequences for a motorcyclist who suffered leg injuries and a broken shoulder blade when he was knocked from his bike.
The motorcyclist has since had a “frank” conversation with the driver responsible, Zaryd Wilson, laying out forhim the impact of the crash, but also conceding that “s*** happens”.
He accepted the driver was genuinely remorseful for what occurred and asked Whanganui District Court not to convict Wilson on a charge of careless driving causing injury.
Wilson, the editor of NZME’s Whanganui Chronicle, was charged as a result of the crash and appeared in court on Thursday, where he made an application for a discharge without conviction.
The victim was taken to Whanganui Hospital and treated for a shattered shinbone and fibula and a fractured shoulder blade. His motorcycle was also damaged.
He was immobile for a time and later had to be cared for in a rest home while modifications were made to his house to enable him to be there.
Community Magistrate Carla na Nagara said a successful restorative justice meeting had since taken place between Wilson, the victim and the victim’s mother.
Zaryd Wilson appeared in Whanganui District Court.
“You were confronted by the details of the impact of your moment’s carelessness for [the victim] and his family,” na Nagara said to Wilson.
She said the victim was frank with Wilson about the pain and distress the injuries had caused.
But the victim had also shown “significant grace and understanding” with respect to the nature of the crash.
“He accepted that ‘these things happen’... he said something along the lines of ‘s*** happens’.
“He bears you no ill will, and indeed he did express the view and ask that the court be told that he did not want you to get a conviction.”
The magistrate said the victim’s request did not determine the outcome but it was considered.
Arguing the application against conviction, defence lawyer Jamie Waugh submitted that, given the steps Wilson had taken since the crash, a discharge was appropriate.
“Mr Wilson, since the day of the incident, has done everything in his power to try to make things right.”
In addition to meeting with the victim, Wilson had paid him around $5000 in reparation, had changed his driving behaviour and was committed to completing a defensive driving course.
Waugh submitted that while the consequences of a conviction for Wilson were general, he was still young and did not know where his career might lead.
A conviction could impact his job prospects, Waugh submitted.
Police prosecutor Stephen Butler opposed the application.
He accepted the positive steps Wilson had taken and said it reduced the criminal culpability of the offence to a low level.
But, Butler submitted that a conviction should still be entered as the consequences for Wilson did not outweigh the gravity of the offending.
“He is still working and it’s not going to affect his current position. There aren’t real consequences and as such police would submit that a conviction should be entered.”
In considering Wilson’s application, the Community Magistrate found the level of carelessness in Wilson’s offending to be low.
“All drivers make mistakes. Most of the time, frankly, they get away with it in terms of nothing bad happens but occasionally, as has happened here, you’ve made the mistake of not checking that the way was clear. You did not see something that was there to be seen and that led to your collision with [the victim].”
She acknowledged Wilson had pleaded guilty immediately, attended restorative justice and had shown insight into his offending.
“I have no doubt that you were sincere in your remorse and the apologies that you made to them.”
She also took into account that Wilson had modified his driving behaviour, had spoken to others about the potential consequences of not paying attention on the road, and the reparation paid.
The magistrate said Wilson had argued that the media industry was experiencing a period of dramatic change, which she accepted.
“You argue that it is highly likely that at some stage you would need to transition to a different line of work or employer.”
She accepted that in that event, a conviction could likely impact Wilson’s employment prospects.
Na Nagara found the consequences for Wilson would be out of proportion to the gravity of his offending and granted the discharge without conviction.
“Had I assessed the gravity of the offending as being moderate or high, then I may well have reached a different conclusion of disproportionality.”
Wilson was disqualified from driving for six months.
Tara Shaskey joined NZME in 2022 and is currently an assistant editor and reporter for the Open Justice team. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.
