Driver admits charges over death

Drunk man fled after fatally injuring an elderly pedestrian in Rotorua, court hears

ARotorua acupuncturist has admitted causing an elderly woman’s death while driving with a bloodalcohol level more than four times the legal limit, then fleeing the scene.

He says he doesn’t remember the drive to his destination because he was “too drunk”.

Xianju Pan, 43, also known as Aaron, has pleaded guilty to one charge of driving with excess breath alcohol causing death and one charge of failing to stop.

He entered the pleas in the High Court at Rotorua before Justice Gerard van Bohemen on July 10 but documents outlining the details of his offending have been made available to the Rotorua Daily Post.

The summary of facts shows Pan had been celebrating the Chinese New Year on January 23, the day of the incident.

He finished work around 11am and met friends at a local restaurant.

There he drank beer and Baiju, a Chinese spirit similar in nature and strength to whisky. It can be between 35 and 60 per cent alcohol.

About 1.30pm, Pan left, got into his car and drove off, scraping his wheel rim on the kerb while doing so.

He was seen cutting off another motorist, not indicating for any of his turns and crossing the centre line while turning on to Ranolf St. “[Pan’s] driving caught the attention of two civilian motorists ... [They] became concerned that the defendant was either a very poor driver or intoxicated,” the summary said.

Pan’s approach to the Ranolf St/ Malfroy Rd roundabout coincided with that of 71-year-old Martine Gale, who was walking home from the supermarket using a walking stroller.

Gale was crossing the road as Pan approached the roundabout travelling between 40 and 50km/h. Gale was clearly visible to motorists behind Pan but he did not slow down and he hit Gale, knocking her to the ground and driving over her.

The summary said Pan slowed down “momentarily” after running over Gale then continued driving. A witness followed him to a Devon St property and saw him “stumbling and swaying” as he went inside.

The witness directed police to the house. They knocked at the door for three to four minutes before Pan answered the door with the phrase “What? What happened?”.

According to the summary, he smelled of alcohol, his eyes were glazed and his speech was slurred.

Blood taken at 3.15pm, after his arrest for failing to remain at a crash to ascertain injury, showed he had 214 micrograms of alcohol per 100ml of blood. The legal limit is 50mcg.

In spontaneous comments made after his arrest, Pan said he did not remember hitting anyone.

Gale was taken to Waikato Hospital and died six days later, on January 29, due to head trauma.

Pan also faced a manslaughter charge which is still on record but no plea has been entered. It’s expected to be removed at sentencing. He will be sentenced on September 9 and has been asked to undergo restorative justice.