Victim ‘not happy’ with trial outcome
The bicycle-wheel thief whose leg was broken when he was run down by his victim in central Christchurch believes the driver should now be facing jail time.
But the driver, 46-year-old Wayne Scothern, is now on bail awaiting sentencing in the Christchurch District Court and the trial judge has assured the jury that found him guilty that he is unlikely to face imprisonment.
He is likely to get a community-based sentence for recklessly driving his four-wheel drive into 37-year-old Christopher Stone, the homeless man on a bicycle who had just sneaked around the central Christchurch flats and stolen the wheel from Scothern’s bike.
Judge Jane Farish said she could see there were some anxious faces amongst the jurors after they had delivered their verdict, so she assured them there was a lesser sentence for people who “recklessly” injured someone, rather than intentionally injuring them.
Scothern had denied the charge of wounding Mr Stone with reckless disregard for his safety, but he was found guilty in the three-day trial.
However, Scothern is likely to be deported after he has served whatever sentence is imposed at his sentencing on May 19.
He has been in New Zealand for two years, working as an arborist. Defence counsel Simon Shamy said his British passport had recently been renewed, but the conviction could affect his ability to have his work visa renewed.
Crown prosecutor Deidre Orchard said Scothern had no convictions in New Zealand but she handed a list of his British convictions to Judge Farish. The judge said they included convictions for driving offences, an excess breath-alcohol charge, breach of a community service order, and minor property damage. “Alcohol has been a problem for him in the past,” she said.
She gave him a first-strike warning, under the system that imposes heavier penalties on repeat violent offenders, and said she wanted to know what effect the conviction would have on his immigration status at the time of the sentencing.
She remanded the case for a pre-sentence report including an assessment of his suitability for home or community detention. After Mrs Orchard checked with the victim, who was in court to see the verdict, she said he would not agree to a restorative justice meeting where Scothern might apologise.
It would not be possible for a sentencing judge to make an allowance for remorse in a case where Scothern had shown no empathy for the victim or the injuries he suffered, Mrs Orchard said.
Mr Stone’s left leg received a compound fracture of the tibia when the car driven by Scothern mounted the footpath on Manchester Street and struck him, ramming him into a bus shelter behind him hard enough to damage the bicycle he was riding, kink the bus shelter, and damage the car.
Scothern’s partner then got out of the car, grabbed back the stolen bike wheel, and they drove off.
Scothern said in evidence that he had only been trying to block Mr Stone’s escape route and get his wheel back, and did not realise he had struck him with the car.
Outside the court, Mr Stone said his leg was still sore and he faced another operation to remove the titanium pin that had been placed to hold the broken bone together.
He admitted he had stolen the wheel because he needed a wheel for his bicycle, which was his transport. Scothern’s reaction had been “ridiculous”.
“I’m not happy,” he said. “He should be in custody. I was in the wrong as well, but he got what he deserved.”
After giving his evidence on Monday, Mr Stone had sat through almost all of the trial. He was described as homeless at the time, but says he is now staying “with a mate”.
Category: Focus
Subscribe
If you enjoyed this article, subscribe to receive more just like it.
Connect
Connect with us via: