Alarm as grieving dad gets charged

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MOMENT TO TREASURE: Aarush Macwan, 3, gives father Ashish a kiss. Aarush died last week when the van he was in rolled in to Lake Dunstan.

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Would-be rescuer and Central Otago Mayor Tony Lepper says he cannot understand why the devastated father of a boy killed in Lake Dunstan last week has been charged over the incident.

Auckland man Ashish Macwan, 32, was on an Easter holiday with wife Kinnery, son Aarush and family friends when they stopped for a break at a lay-by near Cromwell on the way to Queenstown on Thursday.

Mr Macwan, who was driving, got out of the Toyota Hiace van to stretch his legs when the vehicle suddenly rolled backwards and plunged into Lake Dunstan. The adults and an 11-year-old escaped but 3-year-old Aarush did not.

The same day police charged him with careless driving causing death. He is due to appear in the Alexandra District Court on Wednesday.

Mr Lepper joined growing calls at the weekend for police to drop the charge.

He was one of the first people on the scene and, with others, tried to swim to the van but could not reach it as it was too deep, he said.

"We could see it but there was nothing we could do."

Sitting down waiting for help and knowing the child was still in the van was distressing, he said.

The passengers who had escaped were still in shock but the trauma the father was going through was horrible and no words could describe it.

It looked like an accident and he did not understand why that should result in a criminal prosecution when the family were the ones affected.

Family First New Zealand national director Bob McCoskrie said the timing of the charges lacked compassion and discretion.

A crime had been committed but the purpose of charging someone was a punishment. However, Mr Macwan was already dealing with a "life sentence", he said.

"They certainly seemed quick to lay the charges ... they should be far more sensitive to the tragic outcome.

"Let him bury his son without having to appear in court in the same week."

The Southland Times website was busy yesterday with comments from people who believed the charges against Mr Macwan were "inappropriate and pointless".

One man wrote that Mr Macwan losing his son in the accident was more than enough punishment and charging him with careless driving would not bring the son back.

He said he sincerely hoped the judge throws the charges out and lets the family grieve in peace.

Another contributor said it was not careless driving because he was no longer driving, he was parked. "Which of us have never done that?" the person asked, adding that, fortunately for most, the consequences were not so dire.

A distraught Mr Macwan yesterday said the accident did not make sense.

He was no expert in motor vehicles or the technical malfunctions that could occur but he had driven manual vehicles for six years and had put the van in to gear so that it could not move, Mr Macwan said.

Mr Macwan said he understood police were just doing their job when they charged him and it was their job to follow the rules.

Police had been very supportive and he respected them greatly, he said.

"It happens. I don't have all the answers and there is no point in arguing ... what I (have) lost (I am) never going to recover."

The family held Aarush's funeral in Auckland yesterday.

Sergeant Mike Williams, of Cromwell, said police had to look at the full circumstances of the incident and a decision had been made to charge Mr Macwan.

It was a traumatic event for the family but the charges would not be withdrawn, he said.

- © Fairfax NZ News