Off-duty police officer Gail Elizabeth Shepherd died after she was hit by an unwarranted and unregistered vehicle, driven by an intoxicated driver. Photo: SUPPLIED
By Sarah Curtis, Northern Advocate
A man has admitted to recklessly causing the death of off-duty policewoman Gail Elizabeth Shepherd when he hit her with his unwarranted, unregistered, vehicle, while driving intoxicated.
Notwithstanding the aggravating features of his offending, Kieron James Wihongi-Henare, 32, told a judge in Whangarei District Court on Monday morning he intended to apply for a discharge without conviction.
Wihongi-Henare previously had interim name suppression but did not pursue it when he pleaded guilty to reckless driving causing death - an offence punishable by up to 10 years in prison or a fine of up to $20,000.
Shepherd, 49, - an accomplished police officer of 17 years - was staying with a cousin at Helena Bay and had just taken two dogs for a walk on the beach when she was struck by Wihongi-Henare's car while waiting to cross the intersection at Webb Rd and Russell Rd during the afternoon of April 20, this year.
The impact of the vehicle threw Shepherd 16 metres. She died at the scene from severe traumatic injuries. One of the dogs was also hit. The car carried on into a power pole, which came down on its bonnet.
At the plea hearing today, Judge Peter Davey further remanded Wihongi-Henare on bail for his discharge application to be heard at a sentencing hearing on November 19.
According to a summary of facts read to the court, Wihongi-Henare had continued to drive his Mazda Axela hatchback car despite its warrant of fitness (WoF) having expired on February 22 this year and its registration having expired on March 3.
He had tried to get it re-warranted on March 6, but the vehicle failed on several fronts, including faults with a headlamp lens, a stop light that wasn't working, a fault with the suspension, and a broken front lower control arm and rear bush. He was also warned about the low tread on his left front tyre, which was 2mm from failing.
The state of the vehicle was even worse when he hit Shepherd. A Vehicle Testing NZ officer who inspected it after the crash found similar faults as previously identified, noting a left-hand front lower control arm bush was split, left-hand rear throwing arm bush was missing or broken, the left front tyre tread had come to within 1mm of failing, and the right rear tyre pressure was 10 psi due to a puncture.
Wihongi-Henare had failed to negotiate a left-hand bend before hitting Shepherd.
After getting up that morning he had smoked cannabis, played a round of golf, then drank five bottles of beer before deciding to go to Whangaruru with his golf mates to watch rugby, the court was told.
They got in their cars about 3.15pm and drove in convoy on Russell Road - Wihongi-Henare's vehicle directly behind his friend's.
Russell Road is a 100 km/h speed zone but winding and undulating. It was wet from heavy rain earlier that day. Wihongi-Henare downed another bottle of beer while driving.
As he entered a moderate left-hand bend, he lost control and over-corrected causing the car to fish-tail. It slid sideways across the centre line into the intersection and into Shepherd.
Breath-tested later, Wihongi-Henare returned a reading of 353 micrograms. (The alcohol limit for driving is 250mcgs with drivers above 400mcg subject to criminal prosecution. )
Wihongi-Henare told police he'd travelled that road "hundreds of times" and estimated his speed to have been "about 60 or 70 kilometres". He admitted consuming cannabis and alcohol and that he knew about the faults with his car, which he said he hadn't had time to get fixed.
A large crowd of Shepherd's family and friends were in court for the hearing, several audibly weeping and some leaving the room as the summary was read.
Representing Wihongi-Henare, lawyer Jarrod Griffin told the court he was standing in for Auckland-based counsel Harvena Cherrington. Griffin said an out-of-town lawyer had been appointed due to the likely conflict of interest for lawyers from the area. He acknowledged Shepherd was a well-known, respected police officer and "pillar of the community"; and that she was a much-loved member of her whanau - as evidenced by the packed public gallery in court today.
Shepherd has also been remembered for her involvement in waka hoe, sports, and coaching. She was a much-loved mother, grandmother, and friend to many.
Born in Kaitaia, she had links to Te Aupōuri, Ngāti Kuri and Ngāti Hauā. She started work in Whangārei during 2007, before taking on a sole charge role at Kohukohu in Hokianga.
She took over the role at Houhora, New Zealand's northernmost police station, in the New Year from her brother, Senior Constable Leon "Smiley" Shepherd.
Several thousand people attended her tangi at Te Kao near Cape Rēinga, ahead of her burial in the family urupā, Tutumaio.