Fatal crash driver ‘didn’t see’ tractor indicate, court told
A Hamilton man charged with the death of a passenger in his car has been found not guilty.
The Crown alleged that Jack Rathsamy was driving dangerously, or alternatively carelessly, as he overtook two vehicles before colliding with a tractor, putting the BMW into a ditch and resulting in passenger Andrew Hendon’s death.
Rathsamy, 24, pleaded not guilty to the charge of dangerous driving causing death in relation to the crash on Bankier Rd, north of Hamilton, on February 24, 2018.
After a two-day judge-alone trial, before Judge Jonathan Down in the High Court at Hamilton, yesterday he was found not guilty.
Giving evidence earlier yesterday, Rathsamy said on the day of the crash the trio in the car were heading to Auckland to do some shopping.
The BMW was not Rathsamy’s car, but a second passenger’s car, but he was driving as he was the only one with a full licence.
When they were driving down Bankier Rd, Rathsamy said he watched the blue Honda in front of him pull out and overtake the first of the two tractors, then pull back in between the two tractors.
Rathsamy pulled out to pass and said because he had a clear view, after passing the first tractor he decided to remain on the right-side of the road to pass the Honda and other tractor.
If he had tried to pull back in between the Honda, and the tractors on either side, it would have been a tight gap, he said.
As he was passing he said there was no sign the front tractor was slowing down or indicating.
He passed the Honda and reached the trailer of the front tractor, but as he was about to pass the tractor itself he saw the right wheel come around.
The car was then struck, shunting it into a drain.
Judge Down said the primary dispute in this case was if the tractor indication was given at all.
Rathsamy said he did not see it, but the tractor driver Lauren Neal said she indicated quite early to show the other tractor where they were going.
However, the indicator turns off after five seconds and Neal was aware it had cancelled, and she had turned it back on, but was not sure when that was in relation to the impact.
The critical question for Judge Down was if he could be sure the first tractor was visibly slowing at the time Rathsamy started to overtake and if the indicator was visible.
Judge Down said he was not sure the first tractor was indicating at the relevant times.
‘‘I’m satisfied [Rathsamy] did not cause Andrew’s death.’’
He said Rathsamy would have to live with the consequences of the overtaking move for the rest of his life.