Rotorua fatal crash hearing: Women removed from court, one arrested for disorder
Three women were removed from a Rotorua courtroom and one later arrested for disorder after outbursts at a hearing for a man accused of drink-driving causing the death of two people.
A 72-year-old man, who has interim name suppression, appeared in the Rotorua District Court today and entered no pleas to the two charges.
A coroner had earlier suppressed the names of the two people who died.
The charges allege the accused had 131mg of alcohol per 100ml of blood in his system. The legal limit is 80mg.
Supporters of the defendant and the victims hurled verbal abuse at each other towards the end of the hearing, prompting police and security officers to act.
Outside the courtroom, supporters of the deceased yelled abuse at the accused and his supporters as he left.
The charges followed a collision between a motorcycle and car near the Te Ngae Rd and Rotokawa Rd intersection in Ōwhata on August 14.
The motorcycle rider and pillion passenger died at the scene, while a third person was taken to hospital.
There was a heavy police and security presence at the courthouse for today’s appearance, after publicity about a protest outside.
A small group, including family of the victims, waved signs criticising the police investigation and calling for drink drivers who killed people to be charged with manslaughter.
Inside the courtroom, Judge Joanne Wickliffe directed seating arrangements for families of the victim and accused. More than 10 people were not allowed in court as there were not enough seats.
She acknowledged the families and offered condolences to those of the victims.
She warned outbursts would be treated seriously and anyone who disobeyed the hearing “kaupapa” would be asked to leave.
Defence lawyer Caleb Simpkins acknowledged his client was due to plead, but asked for more time as he believed they were still waiting for disclosure from police.
A police prosecutor told Judge Wickliffe 400 pages of disclosure were sent on October 15 and the defence should not be looking for anything else.
Simpkins said he was not aware of that.
Judge Wickliffe granted a remand without plea and urged Simpkins to find the paperwork.
He requested his client’s name suppression continue as the case had attracted “outside attention” online and there was a risk of a potential trial being prejudiced if the name was published, particularly given Rotorua’s small jury pool.
Judge Wickliffe continued the suppression but said it would need to go to a separate hearing for further discussion. A date was yet to be set.
At Simpkins’ request, Judge Wickliffe ordered videos and comments that could lead to identification of people with name suppression be removed from a Facebook page.
Judge Wickliffe read examples to the court and said she was satisfied their publication would prejudice a fair trial.
She ordered the information be taken down until the court case concluded, if it resulted in a sentencing, guilty pleas or a finding of guilt.
“The information which I am concerned with is any specific information relating to the character of the defendant, any specific information … relating to anyone called as a witness or might be a victim of the offending or is connected with the defendant.”
After Judge Wickliffe delivered her decision, the administrator of the Facebook page stood in the courtroom and yelled at the judge.
The woman, who organised the protest, said: “It’s disgusting … You’re going on about Facebook".
Police physically removed the woman from the courtroom as she continued screaming.
Judge Wickliffe told security staff the woman would need to be trespassed.
Amid the commotion, two other women in the public gallery started telling each other to “shut up”, with one saying “your brother killed my brother”.
The woman called the other woman’s behaviour “appalling for a grown woman”.
Court security staff removed them.
At the request of police, Judge Wickliffe asked that her decision be urgently transcribed and shared.
The accused was remanded on continued bail to reappear in court on November 30, when he must enter pleas.
Outside the courthouse, the protest organiser was arrested and taken away in handcuffs. A police spokesman later told the Rotorua Daily Post she was arrested for disorder but not charged.
As the accused left the courthouse, protesters and family of the deceased yelled abuse at him, calling him a “killer”. Another yelled, “he took their f***ing lives”.
Abuse was also hurled at one of his supporters, with one person yelling “turn around you ugly b***h”.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 30 years, covering mainly police, court, human interest and social issues.