Mourning parents bitter at driver’s ‘white-out’ court win
Prolonged, costly defence successful but legal experts worried, writes Bevan Hurley.
Aaron James had just popped out for an icecream with his girlfriend.
The 19-year-old was sitting in the passenger seat of his girlfriend’s Ford Laser when it was rear-ended and shunted into oncoming traffic as he waited to turn into the BP service station on State Highway 1 at Waikuku, North Canterbury, on September 30, 2014. James suffered unsurvivable brain injuries.
‘‘There was not even a mark on him,’’ said his dad, Paul.
The salesman got the call from his wife, Christine, while at work at Repco in Ashburton. He raced to Christchurch Hospital where his boy lay.
‘‘His face looked perfect. You would never have known he had been through what he had been through. Then we had to say goodbye to our wee man.’’
Christine said her son’s body lasted long after the life support had been switched off.
‘‘It’s not easy when you can see your son doesn’t want to go. His breathing gets heavier and heavier, struggling for every breath. All because he wanted to get an icecream from the service station.’’
This week, Judge Jane Farish dismissed a charge of careless driving causing death against Sarah Joy Mitchell, the driver who crashed into the Ford Laser. She accepted expert testimony that Mitchell suffered Profound Dissociative Spectrum Disorder (PDSD), or as the judge called it, a ‘‘white-out’’.
The ruling was a final ‘‘kick in the guts’’ for Aaron’s parents, his big brother and best mate Shanon, and the many friends who had returned from around the South Island to support the family.
Paul James said they felt they had been let down by the justice system. ‘‘There was no accountability. We never got to say how we turned our son’s life support off.’’
‘‘The victims are forgotten,’’ said Christine.
Mitchell, an Exclusive Brethren and mother of 10, initially hired $1000-an-hour Christchurch Queen’s Counsel Pip Hall.
By trial, he had been replaced by senior criminal Auckland barristers Anthony Rogers and David Niven. It took more than 20 months for them to get their day in court.
Mitchell was subsequently diagnosed with PDSD by an Auckland-based specialist.
While the judge gave Mitchell credit for her remorse, Christine said she hadn’t seen any.
Aaron, a keen skater, cyclist and hockey player, had just moved to Leithfield with his girlfriend Emma. ‘‘This all could have been dealt with if Sarah had said, ‘I had a blackout and I’m sorry’,’’ Christine said. ‘‘She would have got six months without a licence and a $4500 fine. I can’t understand why she would fight that and spend the money that she has.
‘‘Any person who’s driven a car has been daydreaming and thought ‘holy hell, how did I get here?’ They said she went that one step further.’’
Judge Farish recommended a restorative justice conference take place after dismissing the charge.
The James family want Mitchell to lose her licence for a long time.
Senior Constable Mike Farrell, who led the investigation, said it was an unusual defence. ‘‘It’s on the dissociative spectrum which ranges from not paying attention to a neuropsychological illness.’’
Mitchell had lost a young child herself many years ago, and the judge said she knew the same pain the James family were going through.
Auckland University associate law professor Bill Hodge said he was unaware of the PDSD defence being used before, and said it was worrying. ‘‘If you have any idea you have a dissociative condition you should not be behind the wheel. The negligence is carrying on that you might have one of these episodes. I’m nervous about this.’’
Both Aaron’s parents have sought medication for depression, Christine finds it hard to run her cosmetic tattoo business, and Paul has left his managerial job.
Christine said: ‘‘It’s hard to get out of bed sometimes. You get to restarting a business and then, along comes another court case. It’s bad enough to go through it as it is without them dragging it on and finding a new specialist.’’
The parents have moved to Leithfield to be closer to where Aaron lived, and they plan to build a memorial skate ramp in tribute to him in the suburb.
Exclusive Brethren spokesman Doug Watt said the church had not paid Mitchell’s legal fees. He said it was not up to the church to explain her defence. ‘‘It is perplexing and disturbing you would ask the church such a question given the recent tragedy near Dargaville.’’
His face looked perfect. You would never have known he had been through what he had been through. Then we had to say goodbye to our wee man. Paul James