Driver forgiven for tragic death of two-year-old
A grieving family told the court they were “not after vengeance” for their tragic loss of a two-year-old son killed in a motor accident, when the driver was sentenced today.
Christchurch District Court Judge Stephen O’Driscoll accepted their views and convicted and discharged Johnny Tupa’i Tihema, imposing only the required disqualification.
Tihema was disqualified for nine months but the judge ruled out a term of community work, saying that it would achieve nothing.
“The defendant has already been punished. He has punished himself for his actions and I think he will live with the consequences for the rest of his life,” said the judge.
He also did not make the usual order for a payment of reparations, after the mother of the boy told the prosecutor that she did not seek any reparations for expenses and that if emotional harm reparations were ordered she may give them back to Tihema.
The accident in which Isaiah James Oxley-Pirini was killed happened in the parking area at Cowles Stadium late on the afternoon of June 17. Tihema and the boy’s mother, Minetta Oxley, had met there to discuss training programmes. Isaiah was with his mother.
The two adults went to the same church and were close friends. When they decided to leave because it was growing cold, to continue their talk at a mall, Tihema reached in and started the engine of his van to warm it up.
The vehicle had been left in reverse gear and jerked backwards as Isaiah was running behind it, crushing him against a post. He died at the scene.
Prosecutor Heather McKenzie said the authorities did not seek a prison term, but suggested community work could be appropriate. Miss Oxley, in the victim impact statement read to the court, said the family was not seeking vengeance and she did not think Tihema needed further punishment.
Defence counsel Glenn Dixon said: “They remain close friends. Miss Oxley and her family brought Mr Tihema into their grieving circle immediately and he was able to express his deep remorse for what happened. He was allowed to be part of the grieving family, which was enormously important for both of them.”
Tihema pleaded guilty in November at this first court appearance, on the charge of careless driving causing death.
Judge O’Driscoll said there was no suggestion in this case of the usual factors involved in driving death cases, such as alcohol, drugs, speed, or bad driving.
“But it was clearly careless to engage the ignition without checking the vehicle was in neutral and the handbrake was securely on,” he said.
It had been a tragic accident, and nothing the court did could change what happened, said the judge.
Category: Focus
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