Fatal crash accused seen slurring and stumbling, trial told
A Darfield man was slurring and stumbling at a party before he left on the night he allegedly crashed a car into a power pole, causing injuries that killed his passenger, according to the host of the party.
Mario Pine was giving evidence on the second day of the trial of Cody Marcus John Pierce, 23, before Judge Alistair Garland and a Christchurch District Court jury.
Mr Pine described the party at Darfield, telling how he had been feeling seedy after a big night the night before, and had begun drinking again from about midday on October 27, 2012, after beginning to set up for the event.
He told of Pierce arriving with boxes of pre-mixed bourbon drinks at the spitroast party to celebrate the 60th birthday of Mr Pine’s father. He drank his box of drinks, and Mr Pine saw him drink about five bottles of beer, and he made him two double-nip glasses of white rum with cordial and pineapple juice.
Pierce had arrived between 2.30pm and 3pm. The meal was served a couple of hours later.
He said Pierce had been slurring and stumbling. Everyone had been told not to take alcohol inside the house, and Pierce was asked to go outside when he was seen drinking inside by the kitchen.
“He walked his way out pretty retardedly,” said Mr Pine.
He described “having words” with Pierce, outside the garage. Cross-examined by defence counsel Richard Maze, he admitted the issue had arisen because he did not like Pierce. Mr Pine admitted that he had “a bit of a temper” when he had been drinking. He admitted being “pretty drunk” from about 6pm.
He did not see Pierce leave the party with Sean Christopher Frost, the passenger who died after the crash later that night.
The Crown alleges that Pierce left the scene of the accident near West Melton in another car, before the police arrived, and boarded a flight to Queensland’s Gold Coast within 24 hours. He later returned voluntarily to face the prosecution.
Pierce denies alternative charges of causing Mr Frost’s death by driving when he was under the influence of drink to such an extent that he was incapable of having proper control, and that he caused the death by careless driving while under the influence of drink.
The third charge accuses him of failing to render “all practicable assistance” to Mr Frost at the crash scene. He also denies that charge.
Robyn McGillen, a flatmate of Pierce, told of Pierce arriving at the flat with Mr Frost about 7.30pm or 8pm. She said both men smelt of alcohol when they sat beside her. She saw Pierce with a Jim Beam pre-mix bottle in his hand.
She said Pierce was “very excited…bouncing”. She told the trial: “He had obviously had some alcohol. I had seen him previously when he’s been drinking and he tends to be quite excited.”
The men later left in a white four-wheel drive vehicle. Before they left, she saw Mr Frost in the passenger seat and Mr Pierce was driving. When the vehicle left, she said to another person present, “This could end badly.”
Mr Pine’s mother, Deborah Pine, told of spending about 15min trying to persuade Pierce to hand over the keys when he was leaving the party in the four-wheel drive truck, with Mr Frost in the passenger said.
She told the trial: “I was trying to get the key off him. I knew he should not have been drinking and driving. I asked him how many drinks he had had, and he said four.”
She said she believed four pre-mixed bourbons would have been too much. “I said to him, ‘You are over the limit. You can’t drive. Give me the keys.’ ”
After 15min she had not been able to get the keys. She then heard the truck drive off. She said she had known Mr Frost for 20 years.
The trial is expected to continue all week.
Category: News
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