13 July 2012
Embargoed until 19.30hrs Friday 13 July 2013
Having met with the extended family of a man killed in a pedestrian accident on a rural Waikato road earlier this year, Waikato Police say they are in a position to inform the wider community of the decisions leading to the withdrawing of charges against the driver.
District Commander, Superintendent Win van der Velde, said Police had reached the point of publicising the lead up to the decision after consultation with the Coroner but were mindful a Coronial Inquest was still to be held.
"Late this afternoon we met with the extended family of William Gregory HOSKINS, a 26-year-old man who lost his life on Marychurch Rd (SH1B) during the early hours of Sunday 15 January.
"This meeting was to enable us the opportunity to fully inform Mr HOSKINS' family of the Police's position in relation to the withdrawing of charges at a hearing in the Hamilton District Court on Tuesday."
Mr van der Velde said now that commitment had been met Police could now advise the wider community of the background of the incident, the resulting investigation and the findings that led to the charges being withdrawn.
"The Police's investigation into Mr HOSKINS' death determined it was likely he was lying down on a typical New Zealand country road, with a posted speed of 100km/h, during the hours of darkness when he was struck by a Ford Falcon utility towing a trailer.
"The driver of the utility stopped a short distance from where Mr HOSKINS had been struck. Given the minimal damage suffered to the front spoiler of his vehicle and the belief he had struck a pot hole or rubbish bag, the driver carried on his way."
Mr HOSKINS was discovered by a passing motorist who found him lying over the centre line of the road.
Mr van der Velde said media coverage of the Police's investigation resulted in the wife of the driver, who was a passenger in the utility at the time of the crash, contacting Police and following statements being taken, a charge of careless driving causing death was laid.
"As part of this investigation a Serious Crash Report was completed on 17 May, this report raised significant questions in relation to the contrast of the deceased, whether he could be seen in his dark clothing, his position on the road, the poor lighting and the fact it was dark at the time of the crash.
"An important issue to come out of this was whether, in the circumstances, the driver would have had sufficient time to react and take action to avoid a collision. As a result of these issues an out-of-district Police Crash Analyst and a lighting expert were engaged to carry out further analysis."
A resulting review of the crash report, further analysis and interviews of witnesses, coupled with legal advice resulted in the determination that there was not a reasonable prospect of a conviction on a charge of careless driving causing death.
"Interest has also been expressed around the lack of a charge of failing to stop, ascertain injury or render assistance."
"These charges were again reviewed at the time but for a prosecution to be brought there must be an awareness by the driver that they have hit a person or a vehicle, without that awareness there can not be a prosecution."
Mr van der Velde said the circumstances of this incident reflected the tragedy of the situation that this is not the first individual who, as a pedestrian, has died in the Waikato while out at night dressed in black and walking on the road with an expectation that they will be seen.
"When people choose or are placed in situations where they are walking on such roads they should walk towards oncoming traffic and stay well clear of the roadside to allow vehicle to pass should they not be seen.
"While criminal charges against the driver have been withdrawn the Police are continuing to work with the Coroner in relation to the forthcoming Coronial Inquest into Mr HOSKINS' death."
End