Failure to prove cause of death

JONATHAN CAMERON/ Manuwatu Standard

LOVE LOST: Hayley Stewart holds a photo of her and her boyfriend, Oliver Moreton, who died when Palmerston North mother Stevee Williams performed a U-turn in front of the motorbike they were riding on. She has been found not guilty of careless driving.

Relevant offers

Palmerston North mother Stevee Williams did not drive carelessly when she U-turned in front of a motorbike killing its rider, a judge has found.

Police claimed the sudden turning manoeuvre of the 30-year-old woman caused the death of 22-year-old Oliver Moreton and injured his pillion rider and girlfriend Hayley Stewart outside a Rugby St dairy on November 25, 2007.

But Judge Alastair Garland has ruled the prosecution failed to prove beyond reasonable doubt that Williams' driving was a real cause of the death or injury.

It was "more probable than not" that she had driven in a careless manner, but it was not enough to convict, he said.

Williams had "seriously impeded" vision due to a van parked in her line of sight but she indicated, looked in her mirrors and inched slowly out before performing the U-turn, he said.

In light of certain evidence, "it would appear that Ms Williams made a genuine mistake", Judge Garland said.

He could not rule out the possibility that Mr Moreton was speeding, despite crash analysis that calculated the motorbike's speed between 25 and 47kmh.

"It is reasonably possible that excessive speed and loss of control of the motorbike were the real causes of the collision, and hence, the resulting death and injury."

Williams told the Manawatu Standard she was pleased with the outcome of the hearing that both she and her lawyer, Phillip Drummond, had worked hard on.

"I am thankful that it is finally over as this has been a very stressful time for my family and I."

But Mr Moreton's mother Nicky Fairclough said she was in "complete shock and disbelief" over the finding.

"I can't move on, it's just completely shattered what was left of me."

She wondered why the family had not received any form of apology from Williams.

"She has never said sorry, never said even one word to me."

Ms Williams said she was advised not to contact the victims' families while the matter was before the courts.

Ms Stewart was not happy with Judge Garland's decision. "I still say that if she didn't do that then this wouldn't have happened ... We did not have any time to react.

"I don't think it's going to end here, it's just not justice."

Police were consulting their legal team to see if there was a possibility of an appeal.

- © Fairfax NZ News