File photo. Photo: Cole Eastham-Farrelly
A hunter 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."
The case was heard at the Hamilton District Court. Photo: RNZ / Cole Eastham-Farrelly
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 percent worth of credit before sending Albert to prison for two years and 10 months. He was also disqualified from driving for four years.
- This story was first published by the NZ Herald