Life has changed forever, says daughter

A Texas man charged over a headon crash near Twizel that killed a 69-year-old Queensland tourist has been ordered to pay $55,000 to his victim’s family.

Charles David Ellis, 51, was holidaying in New Zealand with his family from the United States when he drove onto the wrong side of the road and into the path of another vehicle on the Tekapo-Twizel Rd/ State Highway 8 at Lake Pukaki at 7.30am on March 17.

The oncoming vehicle was being driven by the 34-year-old son-in-law of the victim, Yau Nung Yu, who was also travelling with his wife and mother-in-law. T

They were fellow tourists, visiting from Australia.

‘‘He saw your vehicle travelling towards him. His natural reaction was to break and swing his vehicle to the left. Your natural reaction was to swerve to the right,’’ Judge Kevin Phillips said.

‘‘What then happened was a tragedy,’’ he said.

Yu was killed, while Yu’s wife suffered fractured ribs, a collapsed lung, and ruptured bowel, among other injuries.

Their daughter suffered a broken ankle, spinal injuries and a lacerated liver.

Ellis’ wife and daughter were also injured, while his son emerged physically unscathed.

‘‘You said to police it all happened very quickly and you did not recall being on the wrong side of the road,’’ Judge Phillips said.

Ellis was ordered to pay $35,000

reparation and $20,000 for emotional harm to Yu’s family when he appeared in the Timaru District Court on Thursday, having pleaded guilty to one count of careless driving causing death and six of careless driving causing injury.

Neither alcohol, excessive speed, distraction, fatigue, or a medical condition factored into the crash, Judge Phillips said.

While Yu’s family chose not to attend the sentencing, in a victim impact statement his daughter said she lost her ‘‘one and only father’’ who ‘‘sacrificed everything’’ to give his family a better life in Australia.

‘‘Life as I know is gone. Life has changed forever,’’ she said.

Judge Phillips said there was nothing he could do to ‘‘alleviate that impact’’, nor take away Ellis’ grief at devastating another family.

‘‘You are still in a state of shock and gravely remorseful.’’

Defence lawyer Anne Stevens QC said Ellis was of good character, in full-time work and a volunteer with his church.

‘‘He’s extremely distressed that he’s caused a death in another family,’’ Stevens said.

‘‘He wanted to have a pleasant time in New Zealand and instead it’s been a time of grief, and he apologises for that.’’

Ellis had done some community work in Dunedin, including helping a church plant a vegetable garden, in order to make up for his fatal error, Stevens said.

‘‘It has been difficult to arrange but he has done what he could.’’

Judge Phillips said in order for Ellis to get back his passport, which he surrendered after pleading guilty in the Dunedin District Court on March 23, he would need to produce evidence he had paid $55,000 to Yu’s family.

Ellis was also sentenced to 12 months’ disqualification from driving.

‘‘He’s extremely distressed that he’s caused a death in another family.’’ Lawyer Anne Stevens