‘She ran out on to road’, says driver
Awell-respected Auckland businessman has recalled the moment the Porsche he was driving fatally hit an elderly woman crossing the road. “I saw her, her grey clothing, her dark hair. She was not looking in my direction but directly across the road,” he said in a statement.
“I swerved away from her as much as I could in the time available.”
Ivan Marinovich — driving a company Porsche from his workplace Giltrap Group, which sells luxury vehicles — hit Elaine Leong, 81, on Great North Rd last August 16.
The 75-year-old Marinovich, who was returning from a bakery about 10.40am, immediately stopped.
Leong, who was crossing the road with the aid of her walking stick, was taken to hospital but died that day.
Her family said she was a loved aunt and had recently become a great-great aunt.
Police charged Marinovich with careless driving causing death, which carries a maximum penalty of three months’ imprisonment.
He immediately accepted responsibility and at his first court appearance pleaded guilty.
In the statement to police made through his lawyer, Marinovich said he was rounding a corner when Leong “ran out on to the road”.
Leong had crossed the centre line and continued walking into the lane when she was hit by the Porsche, court documents show.
Marinovich offered to attend her funeral on August 25 but police told him to stay clear, while Leong’s family also did not want to participate in restorative justice.
This month he was sentenced in the Auckland District Court.
“This is one of the most difficult sentencings that happens in this court . . . nothing that happens today can compensate the family, in any way, for their loss,” Community Magistrate Jan Holmes said.
But she struggled to find a cause. “What is clear is that there was no alcohol involved, there was no speeding, there was no medical event, you were not on the phone, visibility was good and there was nothing wrong with your car,” she said.
“So in terms of culpability I conclude that the accident was caused by momentary inattention with the most dreadful consequences.”
Rachael Reed, QC, said her client was “genuinely remorseful” but argued his age meant a community work sentence would weigh more heavily on him than other offenders.
“He wishes he had seen Ms Leong or could explain more readily how he failed to see her. He is devastated at his error and recognises that the real loss is suffered by her family.”
The Leong family asked the court for any fine imposed to be paid to the Breast Cancer Foundation. “I think the money is much better spent with the charity,” Holmes said of the $3600 donated in Leong’s name.
She also said a conviction was penalty in itself but disqualified Marinovich from holding a driver’s licence for seven months.
Michael Reed, QC, Rachael Reed’s father, said in a letter to the court he had known Marinovich for 40 years.
“I have driven with him on numerous occasions. He is a safe, slow and careful driver and does not speed.
“He is a man of integrity, a hard worker and is very respected.”
Jonathan Gooderham — a friend since 1972 — also said Marinovich was “a man of the highest integrity”.
Marinovich has only one other minor conviction, for failing to comply with a traffic sign in 1985.