Driver jailed for causing death

THE father of the Invercargill nurse who was killed in a crash says the driver ‘‘gave to his family a life sentence’’.

Bruce Duncan read a victim impact statement in the Invercargill High Court today, during the sentencing of Dejay Rawiri Kane over a crash which killed 37yearold Emma Bagley in December last year.

On December 7, 2018, Emma Bagley died when the car she was in with her husband and their two children was Tboned by the car Kane was driving at the intersection of Newcastle and Clifton Sts, in the Invercargill suburb of Windsor.

He was disqualified at the time of the crash, found to be three times the bloodalcohol limit and it was estimated he was driving at 121kmh.

Kane, who had pleaded guilty to one count of manslaughter and four counts of reckless driving causing injury, was sentenced yesterday by Justice David Gendall to four years and eight months in prison.

He was also disqualified from driving for six years.

The defendant cried in the dock as Justice David Gendall read the summary of facts.

Family and friends of the nurse and the defendant were present at the public gallery.

Her father became emotional while he read the statement — he said since the accident, he and his wife had to endure a situation which ‘‘parents and grandparents should ever have to suffer’’.

’’Unfortunately, scenarios such ours are becoming all to frequently in our communities and some individuals show scant regards to the law.’’

He said his two grandchildren were in pain, distress and were asking for the parents.

So, one day after the crash, he had to sit and explain the situation to them, to tell them that their mother had died and their father was in serious conditions at the hospital was ‘‘no doubt the most challenging’’ thing he had to do.

He said the ‘‘muted screams of those children’’ and their disbelief as they continued to ask for their mother was heartbreaking.

Another challenge moment was when he was organising the funeral and service for his ‘‘young daughter’’.

He said the family decided to include the children in the arrangements.

‘‘Witnessing Eva choosing her mummy’s final bed, checking if it was lovely and soft for her mummy, was absolutely devastating.’’

Crown prosecutor Riki Donnelly said this was not an ‘‘oneoff trip’’.

Over a long time, Kane had driven recklessly, on the wrong side of the road, and fishtailing his car at high speed.

Counsel Bill Dawkins said his client was extremely remorseful and had written a letter to Mrs Bagley’s family.

He also said he visited Kane in jail last week and read to him the victim impact statement.

Kane replied that ‘‘jail was the easy bit’’.

‘‘ I have to wake up every day, knowing what I have done’’.

Taine Rupena Tata Bryn Edwards, who was the passenger in Kane’s car at the time of the crash, was sitting in the public gallery.

He has pleaded not guilty to one charge of being party to manslaughter, by inciting and encouraging the driver to operate a vehicle recklessly, thereby causing death.

He also faces three counts of inciting and encouraging the driver to operate a vehicle recklessly, thereby causing injury.

His next court appearance is on December 10.