Mixed emotions after charges dismissed
After a year of defending her innocence, a Taranaki woman accused of killing her aunt in a car crash has had the charges against her dismissed.
Kura Wijnschenk had been charged with careless driving causing the death of mother-of-two Cherie Bidois, along with an additional charge of careless driving causing injury of another motorist.
She pleaded not guilty and yesterday police dismissed the charges.
In May 2017, Wijnschenk and Bidois were on holiday in the South Island and on their way to the Bluff Oyster and Food Festival when tragedy struck.
The pair’s campervan and another vehicle were involved in the crash, which happened on the corner of Andrews and Old Coach roads in Pukerau, near Gore.
The crash claimed Bidois’ life and left two others injured.
Police charged Wijnschenk six months after the crash.
During a court hearing in September, Wijnschenk’s lawyer Katy Barker said that an independent traffic analyst report from the crash showed Wijnschenk had not been responsible for the collision.
Barker said the peer-reviewed report found the person in the other car swerved into the wrong lane and then corrected and Wijnschenk had taken an ‘‘avoidant response’’.
Wijnschenk had the option of driving down a bank on the left side of the road – which she did not want to do – or being forced to swerve into the wrong lane – which is what she did, Barker said.
Independent witness accounts supported Wijnschenk’s claim, she said.
Barker said the case had put enormous stress on Wijnschenk for 16 months and, in light of the report, it is likely that the other driver would not be charged.
A careless driving causing death charge had a six-month timeframe for charges to be laid.
Wijnschenk appeared via AVL from New Plymouth yesterday for a hearing before Judge Richard McIlraith in the Invercargill District Court.
After the charges were dismissed, Wijnschenk was given permission to read a statement in court and was critical of those who charged her.
‘‘... I ask you as professionals, how could you get this so wrong?
‘‘Where amongst this decision you all made so carelessly do we now find justice for the loss of our loved one and the life I will never have back. This being the impact my wha¯ nau live with every day.
‘‘This cannot happen to anyone in the future and the six-month limitation period needs to be reviewed.’’
Wijnschenk’s mother Mihiwaatara Waru said the decision to dismiss the charges brought mixed emotions.
‘‘We as a family are relieved and me, myself as a mother, I am angry and very disturbed by the way this investigation has been handled.
‘‘I feel my daughter has been dissected, ripped apart ... treated like a thug and a criminal.’’
She said the family were grateful for the support they had received during the tough time.
‘‘Without the family love and support of the community, we live in Waitara, my daughter would not have had the strength to move through the days and months ahead.’’
After the hearing, a sense of relief was felt through the courtroom. Tears were shed as supporters hugged and embraced each other before filing out.
Wijnschenk stood near the door and was embraced by them as they left.