October 03, 2012

Drink-driving not a factor in death, police say

By David Clarkson

Police have dropped their allegation that drink-driving was a factor in the death of a pedestrian struck by a car in Lincoln four months ago.

The police reduced the charge to drink-driving, instead of drink-driving causing death, before James Manus Devenney pleaded guilty in Christchurch District Court today.

Defence counsel Simon Shamy said police now accepted that alcohol was not a factor in the death of the pedestrian, 19-year-old Alex Knight, who was killed instantly in the accident.

Knight had been adopted from a Russian orphanage as a child by Steve and Susan Knight.

He had got out of a friend?s car when it was parked in Birches Road, Lincoln, about 2am on June 3.

Shamy said Knight was on the roadway, wearing dark clothing, when the car driven by Devenney approached in the 100km an hour area, with another car coming towards him.

Devenney stopped at the scene and was breath-tested by police, showing a reading of 652mcg of alcohol to a litre of breath.

Knight?s family was not at court for the guilty plea before Judge Jane Farish at a pre-trial session, but the police had a victim impact report which was given to the judge.

Shamy said Devenney was a 19-year-old who was in New Zealand from Ireland to work as a farm worker. The accident had been very traumatic and had deeply affected him. Because of the breath-alcohol reading he could not claim insurance and was paying for the damage himself.

Judge Farish said Devenney was a first offender. ?Although a person was killed that night, I accept that you were not responsible for that death. The circumstances surrounding that death have obviously come to hit you quite hard, as they have for the parents of the deceased as well.?

She said the accident would have a far greater deterrent effect on Devenney than any disqualification from driving or fine she could impose.

She disqualified him from driving for six months and fined him $600.