Meth-fuelled driver kills brother
Hunter on meth crashes ute, killing brother, injuring friend is jailed
Ahunter was high on meth when he got behind the wheel of a ute and drove his brother and a friend into the bush for a hunting trip. Not long after, his brother was dead and his friend seriously injured.
As well as driving under the influence of the class A drug, Keely-shaye Albert, 27, had never held a licence, was forbidden to drive and the road he was travelling along, Smythe Rd, in Kinleith, had restricted access and was locked by a gate.
But Albert had driven the 100km/ h road “many times”, his counsel Martin Dillon told Judge Noel Cocurullo in the Hamilton District Court last week.
On this occasion, he lost control of the ute and it rolled, throwing the occupants from the vehicle.
His brother, Jaydon, 28, died at the scene.
Albert, who earlier admitted charges of driving with evidence of a controlled drug causing death and injury, along with unrelated charges of assaulting a female, theft, assault with intent to injure, and breach of court release conditions, has now been jailed.
‘Ute violently rolled’
The court heard Albert was driving a Mazda BT-50 ute along Smythe Rd, in the Kinleith Forest, around 7.30pm.
The vehicle travelled around 5km past a forest security gate when he approached a moderate right-hand bend with a 65km/h speed advisory.
As he negotiated the corner, the rear of the car lost traction.
Albert tried to correct the vehicle but lost control.
The ute “violently” rolled, throwing his brother and friend from the vehicle, before it came to rest on its wheels.
Jaydon suffered multiple fatal injuries including a skull fracture. His friend also suffered several injuries, including a loss of consciousness.
Albert was airlifted to Waikato Hospital where drug and alcohol tests were carried out.
Methamphetamine has a tolerance legal limit of 10 nanograms per millilitres of blood and a high-risk limit of 50ng/ml.
Albert’s blood was found to have 70ng/ml.
‘He was my best friend’
At his sentencing, Albert’s counsel Martin Dillon said Jaydon was his client’s “best friend”.
“They were out going hunting. It was a road that Mr Albert had driven many times, it was a corner he had taken many times before but he lost control and crashed.”
Albert had been using meth for about a decade, often while he offended.
It was also known to affect his behaviour and temper.
“It incentivised him somewhat to be dishonest,” Dillon said, referring to the theft charges.
A cultural report revealed Albert’s upbringing involved drug and alcohol use in the home as well as violence.
“His father did play a role in that; however, Mr Albert did maintain something of a working relationship with his father up until the point where his father passed away. They worked in forestry together.”
Albert, the father of a 3-year-old, increased his meth use after the crash, which then led to the violence and theft charges.
“Mr Albert reported that he suffered nightmares as a result of the crash. He struggled to sleep, thinking back to the events.
“He has since been taking medication and reports that he’s been making real efforts to stay away from that methamphetamine drug that seems to have hampered him for the last decade or so.
“He’s expressed real regret regarding the loss of his brother and also to the [woman].”
Dillon sought discounts for his client who had completed several courses while in prison custody to kickstart his rehabilitative efforts.
He said Albert was due to see a mental health specialist, was “committed to remaining drug-free” and had also attended three restorative justice meetings.
Crown solicitor Lexie Glasier was dubious about Albert’s efforts to kick his drug habit.
“He has been drug-free but this is by virtue of him being in custody since September last year.
“He didn’t really have a choice, unfortunately.”
‘Bitterness or betterness’
In jailing Albert, Judge Cocurullo told him he knew the offending was “all very serious and has had a profound effect on those upon which your offending has touched, particularly your family and indeed to you”.
“I anticipate that probably not a day goes past that you don’t think about what’s happened and I acknowledge that you will have to live with the responsibility, of causing the death of your brother for the rest of your life and that’s a significant imposition upon you, which you brought about, but also to your family.
“In no way ranking it in second place, your violence offending against the victim to which you face three charges ... is most serious as well.”
However, the judge acknowledged the rehabilitative efforts Albert had undertaken.
“You cannot go back to the day before this tragedy with your brother but as the saying goes, bitterness can continue or betterness can continue and it seems to me that you in some respects of your rehabilitation have chosen to better yourself.
“I know it’s never going to take away the tragedy but ... discount will be coming for your rehabilitative efforts.”
The judge issued 35 per cent worth of credit before sending Albert to prison for two years and 10 months. He was also disqualified from driving for four years.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for nine years and
been a journalist for 20.
Wellington civic leaders have secured a meeting with ministers to discuss a potential regional deal, and are considering whether amalgamation could be its centrepiece.
A Wellington Regional Leadership Committee meeting agenda has revealed the possible options for amalgamation being floated.
The three existing Wairarapa councils could be turned into one council. Kāpiti and Horowhenua councils could be combined. Hutt City, Upper Hutt, Porirua, and Wellington City councils could be merged.
It is suggested there would still be one regional council.
The committee’s deputy chairman Daran Ponter stressed no conclusions have been made about amalgamation and discussions have so far only happened at a mayoral level.
However, it was clear there was no appetite for a super city arrangement, he said.
“That is largely because of the blood that was left on the floor, if you like, of the super city proposal last time around and a strong pushback from the community to that proposal.
“I think mayors are very conscious of that and are looking to take a more staged approach to amalgamation.”
Former regional council chairwoman Fran Wilde was rolled by her councillors in 2015 over the super city idea.
Ponter said the amalgamation issue has lingered ever since and was reignited last year when the Future of Local Government report recommended a reorganisation of councils.
In the long term, it probably makes
sense to consolidate.
Wellington mayor Tory Whanau
“This reorganisation is not optional — if councils don’t lead the change, there will need to be provisions for decisions to be made on their behalf,” the report said.
The committee agenda said councils shared pressing issues including fragmented ownership models, underinvestment, significant looming investment, lack of rating base and debt headroom.
One of the existential issues identified was the challenge of meeting the needs of the current and future population.
Ponter said mayors have been asking themselves whether amalgamation could be at the centre of a regional deal or whether it should be pursued separately.
Water infrastructure could be another problem to centre the deal around, which was identified as a critical short-term problem to focus on in the meeting agenda.
“A water infrastructure package that could include the creation of a new water management entity; the implementation of water meters; workforce skills and training; and Wairarapa water resilience,” documents said.
Wellington mayor Tory Whanau said she was open to a conversation about amalgamation.
“In the long term, it probably makes sense to consolidate. But we are already working regionally on pressing issues like water and transport and that is my main focus right now.”
Hutt City mayor Campbell Barry said all options should be on the table.
“With all the challenges local government faces with funding and financing, water and infrastructure generally, we need to be taking a hard look at how to do things differently.
“In my view, jumping straight to amalgamation is putting the cart before the horse and all options need to be considered.”
Porirua mayor Anita Baker said she was personally open to looking at amalgamation and having a discussion.