Driver ‘treated like a thug’ after fatal crash
After a year of defending her innocence, a Taranaki woman charged with killing her aunt in a car crash has had the charges 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 involving another motorist. She pleaded not guilty and yesterday, police dismissed the charges without any explanation given in court.
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 laid the charges against Wijnschenk six months after the crash.
During a court hearing in September, Wijnschenk’s lawyer, Katy Barker, said an independent traffic analyst report showed Wijnschenk had not caused the crash.
Barker said the peer-reviewed report says that the person in the other car involved in the crash swerved into the wrong lane and then corrected and that 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 limitation period – where charges must be laid in that timeframe.
Wijnschenk appeared via AVL from New Plymouth yesterday for a hearing before Judge R McIlraith in the Invercargill District Court.
After the charges were dismissed, Wijnschenk was given permission by the judge 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 everyday.
‘‘This cannot happen to anyone in the future and the six month limitation period needs to be reviewed.’’
Wijnschenk’s mother, Mihiwaatara Waru, also spoke and praised the work of lawyer Katy Barker and independent traffic analyst Tim Stevenson.
‘‘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.
‘‘We all as a family hold onto this belief justice will be served.
‘‘Has justice been served? Has the truth been told? My opinion is no. I say shame on all concerned.’’
A statement from Bidois’ family about the hearing said ‘‘our wha¯ nau is pleased the two charges against Kura have been formally withdrawn today’’. ‘‘We have fully supported Kura over the past 18 months since the crash in Southland that tragically took the life of our beloved mother, daughter, sister, cousin and aunt, Cherie Bidois.
‘‘Our wha¯nau believe Kura should never have been charged. We are frustrated that because the law requires a charge to be placed within six months of an accident, no-one can now be held to account for the death of Cherie.’’
After the hearing, a sense of relief was felt through the courtroom. Tears were shed, supporters hugged and embraced each other as the filed out.
After the court hearing, Southland acting area commander inspector Mike Bowman, in a statement, said ‘‘there is currently insufficient evidence to charge anyone in relation to the crash and the matter has now been referred to the Coroner.’’
‘‘. . . I ask you as professionals, how could you get this so wrong?’’ Kura Wijnschenk