Killer driver was able to dodge court

Killer driver Gavin Hawthorn had been caught drink-driving by police more than once since he was released from prison.

Sentencing notes released this week show a district court judge was told Hawthorn had been caught last year but was given an infringement notice. The serial drink-driver has killed four people in road crashes and served 10 years for manslaughter.

The High Court judge who sentenced him – calling Hawthorn as a ‘‘lethal weapon’’ – had also disqualified him from driving for 10 years. Hawthorn was released from prison in 2013 but was able to get a driver’s licence.

Last year, he was stopped by police but an evidential breath test showed the level was between 250 and 400mcg of alcohol per litre of breath, meaning he received an infringement rather than facing court. An infringement notice carries a $200 instant fine and 50 demerit points.

Last week, he was before Porirua District Court judge James Johnston for driving with a breath alcohol level of 444mcg – just over the limit that allows police to take him to court. He had been stopped on Mazengarb Rd, Paraparaumu on June 7.

Hawthorn was sentenced to six months’ home detention and 180 hours’ community work and he was disqualified from driving for two years. Police did not oppose the home detention sentence so the judge was persuaded by ‘‘the very slimmest of margins’’ to impose an electronic sentence. Police are now considering whether to appeal.

Judge James Johnston also noted that Hawthorn’s licence has now been revoked.

Hawthorn, now 56, has 62 previous convictions between 1979 and 2003, with 12 previous for driving charges.

He was convicted of the manslaughter of Lance Fryer in a high-speed crash in 2003, in which he was driving drunk and unlicenced. Another crash near Greytown in 1989 killed his friends, passengers Peter Gay and John Kaukau. Bob Stevens was in the other car Hawthorn collided with – he died 15 months later, soon after having reconstructive surgery.

When Hawthorn was sentenced for the 2003 manslaughter of Fryer, the judge disqualified him from having a licence for 10 years – the same length as his prison term.

A New Zealand Transport Agency spokesman said there was no provision in law for permanent revocation of a driver licence, either by the agency or police.

When Stuff approached Hawthorn on Wednesday at the Ka¯ piti house where he is serving his home detention, he was verbally hostile and refused to comment.