A family’s lament: ‘He was never able to say goodbye’
William Gordon Howey’s family are calling for the urgent introduction of roadside drug testing.
The Temuka 93-year-old greatgrandfather was critically injured when Jayden Duffell, 23, drove into the path of his car on March 8, 2018.
His family spoke at Duffell’s sentencing at the Timaru District Court yesterday of the heartbreak his death, nine days later, had caused.
Duffell had seven micrograms of cannabis’ active ingredient, tetrahydrocannabinol (THC), per litre of blood in his system, when the crash occurred on the Timaru-Temuka Highway, about 5pm.
He was sentenced to nine months’ home detention, disqualified from driving for three years, and ordered to pay $500 reparation to Howey’s family and $669.84 in ambulance fees to police when he appeared before Judge Joanna Maze. Judicial monitoring and drug and alcohol counselling would also be part of his sentence.
He had pleaded guilty to an aggravated charge of causing death while carelessly using a vehicle and driving while forbidden.
Howey died in Timaru Hospital and the crash left him with a brain injury, dislocated jaw, punctured lung, massive patches of skin peeled away, broken bones in every part of his body, and a leg so severely damaged it required a below-knee amputation.
‘‘The horrendous injuries suffered by this special man will never be erased from the minds of his wife or family,’’ daughter Jan Hide told the court.
‘‘Family members spent many hours at his bedside, torn apart by the fact this man’s life was drawing to a close.
‘‘He was never able to regain consciousness. He was never able to say goodbye.’’
Judge Maze said prior to the crash Duffell used a northbound passing lane to overtake two vehicles but at its conclusion, continued onto the wrong side of the road.
‘‘Using an exaggerated correction manoeuvre, you drove sharply to the left and back to the right.’’
Duffell again crossed the centre line, onto a southbound passing lane.
‘‘A truck and trailer swerved to avoid you but the next vehicle, driven by the late Mr Howey, was not so fortunate.’’
Speaking on behalf of Howey’s wife, five children, 16 grandchildren, and 12 great-grandchildren, Hide expressed her disappointment the lead charge had been amended from drug driving causing death.
‘‘We were united in that we wanted to use this case as an example of the dangers of drug driving and the death of innocent victims that results from it.’’
Associate Transport Minister Julie Anne Genter announced in December roadside drug testing will be rolled out in New Zealand by 2021, but Hide said the Government needed to treat the matter more urgently.
‘‘How many other innocent people will lose their lives in the meantime, especially when people such as you [Duffell] continue to put lives at risk?’’
Hide described her father, who had just played 18 holes at Temuka Golf Club when he crashed, as somebody who ‘‘still had living to do’’.
‘‘He grew enough veges to feed half of Temuka, he swam each week, and spent many hours on his computer listening to debates, following the sharemarket, and increasing his knowledge across a whole range of topics,’’ she said.
‘‘[He] was never still and never stopped challenging the world around him. Because of all this, he was able to relate to all ages on almost any topic. He never acted his age, mentally or physically.
‘‘We have been deprived of his time, of his wisdom, of his care, and of his love. This can never be replaced the hurt will never stop. And worst of all, it did not need to happen.’’
Hide said the loss of her father had been felt throughout the community – but words could not describe the ‘‘heartache’’ suffered by his wife, Gwenyth.
‘‘Although she rarely complains, seeing her sitting lost and alone is a constant reminder of just how major her loss has been. She never deserved this.
‘‘Since our father’s death, her health has deteriorated. She has become frail and recently went into residential care after being cared for by family for nine months.
‘‘To attend this court and face you, Jayden, would be too traumatic for her.’’
Hide said what would make the loss feel ‘‘just a little less pointless’’ was if Duffell realised the harm cannabis causes and ‘‘turn your life around’’.
‘‘Cannabis always causes harm, to those who use it and to innocent people such as our father,’’ she said.
‘‘Our plea is for you to learn to deal with life as a person who does not need drugs to help you through.’’
Hide told The Timaru Herald she was content with Judge Maze’s sentence as it gave Duffell a chance to turn his life around, which he would struggle to do in jail.
‘‘She also made it clear to Jayden if he doesn’t comply, it will be straight to prison.’’