Abigail Dougherty/Stuff
The police have been ordered to pay more than $70,000 to Simon Greenwood. (File photo)
Police acted “as close as possible to demonstrating bad faith” in prosecuting a motorcyclist whose partner died in a crash, a judge says.
Mum-of-three Nicola-Jane (Nikki) Gapes, 43, died after the motorcycle she was a passenger on crashed into the back of a car on Auckland’s Kaipara Highway on January 29, 2018.
In 2021, Judge Michael Crosbie found her partner Simon Greenwood not guilty of a charge of careless driving causing death.
The judge has now ordered the police to pay Greenwood $73,952.
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Judge Crosbie said the police approach to the case was extraordinary and “as close as possible to demonstrating bad faith”.
In an affidavit filed to the court, Greenwood said he was seriously injured and spent many days in hospital after the crash.
“He was, and still is, devastated by Ms Gapes’ death,” the judgment said.
His mental health had suffered and the proceeding emotionally affected him.
Relationships with friends and family became strained as many thought he must have been at fault, given he had been charged.
Greenwood did not want to comment on the costs judgment.
Supplied
Defence lawyer David Jones QC was critical of the police prosecution.
His lawyer David Jones QC said police had insufficient evidence to support a conviction and did not take proper steps to investigate any matter which suggested Greenwood might not be guilty.
He said the police’s view of the cause of the accident was myopic and Greenwood was targeted from the outset.
Judge Crosbie agreed. In his 2021 judgment, he said he could not find the other driver – identified only as Mr K – to blame for Gapes’ death, as that was not an issue for the court to determine.
However, “I could not rule out that Mr K’s errors and omissions were the sole cause of the collision”, he said.
Google Maps/Supplied
A fatal accident involving two motorcyclists and a car occurred next to the Manakura Boat Club on Kaipara Coast Highway.
In the costs judgment, Judge Crosbie said the police investigation was unusual as they were unwilling to consider a variety of factors.
The prosecution was “not conducted impartially or objectively, with Mr Greenwood targeted from the outset as the person who caused the accident”, Judge Crosbie said.
Under cross-examination in court, senior constable Karl Bevan had said his opinion of the crash was the only correct view and there was no room for other possibilities.
“This left an impression of a fixed adherence to one theory, suggesting a lack of objectivity. In my assessment, that lack of objectivity was as close as possible to being a lack of good faith,” Judge Crosbie said.
He accepted the police did not investigate the matter properly, reaching a pre-conceived view at a very early stage continuing through to and during the hearing.
“In my experience it is unusual to see such a blinkered approach including one that ignored the possibilities raised by police witnesses,” Judge Crosbie said.
“This case comes perilously close to being one where the prosecution did not act in good faith.”
Judge Crosbie ruled the police must pay $21,627 in costs, $47,325 for legal fees and a further $5000, making a total award of costs of $73,952.
Stuff asked the police a number of questions, including whether the police were myopic in pursuing the prosecution and if they were looking at charging anyone else in relation to the incident.
A police spokesperson said they acknowledged the findings of the court and weren’t in a position to comment further.
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