Family’s tug of war over crash victim
The sister of a 20-year-old who police say was driving a car involved in an accident that cost three lives successfully applied to the High Court to prevent her estranged mother from cremating her brother’s body.
Haydn Clark’s father, James Clark, remains in Auckland’s Middlemore Hospital since the crash on April 19 in Coromandel. Police say Haydn Clark, who died in the accident, was driving a ute that crossed the centre line and struck a car in which Jocelyn (Anne) Fielder, 64, and her husband, Ian, 66, were travelling.
All three were killed in the crash near the Kopu Bridge on State Highway 25.
Clark, from Drury, was facing methamphetamine charges and was on bail with a 24-hour curfew order.
According to court documents, his sister Jessica Clark made the application on behalf of her father, who remains in Middlemore and had not yet had the chance to see his son’s body.
Clark’s mother, Brenda Cottingham, had given an undertaker in Waihi full authority to cremate her son after a funeral she had organised for Tuesday last week.
Jessica Clark’s evidence was that neither she nor her father had been consulted. The judge also noted that Haydn Clark’s partner of three years, Gabrielle, was not consulted either.
“I understood from the advice I received that James Clark and Brenda Cottingham separated when Haydn was under the age of 4. When Haydn was aged 4 he was placed in the care of a family friend where Haydn remained for approximately four to five years,” Judge Peter Woodhouse noted.
“I was told that the understanding of those in court, including
Haydn had seen very little of his mother over the last three years or so. Judge Peter Woodhouse
Jessica Clark, was that Haydn had seen very little of his mother over the last three years or so.”
The application to halt the cremation was treated with “real urgency”, the documents note, as the judge heard it just hours before the cremation was scheduled.
Plans to hold a funeral service in Waihi last Tuesday afternoon were also brought to a halt.
“Jessica Clark stated that her father did not want the cremation to proceed at this time,” Judge Woodhouse said. “He has apparently told his daughter that what he wants, once he has seen his son’s body, is for a service to be held in the chapel at Middlemore Hospital, with appropriate arrangements for disposal of Haydn’s body to follow.”
Judge Woodhouse said James and Jessica Clark could apply for further orders in respect of the disposal of the young man’s body, which would be taken to Middlemore Hospital.
“I was satisfied that this is a case justifying an application without notice and then justifying the making of the orders,” he said.
Clark had posted several videos of car-related stunts on Facebook, including one in 2016 that showed a car spinning out and leaving plumes of smoke in its wake. Several posts referred to court appearances or altercations with police.