Drink-drive charge 'appallingly inadequate'

ROSS GIBLIN/Dominion Post

JAILED: Alison Downer in court.

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The grieving partner of a cyclist killed by a drink-driving Kapiti Coast grandmother is furious the woman has not been charged with manslaughter – after two children lost their father.

In the Levin District Court today, Alison Mary Downer, 71,  pleaded guilty to driving with excess alcohol causing the death of cyclist Frank van Kampe.

Downer did not react to the audible distress of Mr van Kampen's partner, Jude Pauwels, who was sitting in the public gallery with supporters and her infant daughter and broke down when Downer entered the courtroom.

Ms Pauwels sobbed "Oh God!" when it was revealed Downer will not be sentenced until February.

Police prosecutor, Acting Sergeant John Battersby, told the court that on September 18 Downer was driving along State Highway 1, heading north from her Te Horo home, where she had drunk "a quantity of wine".

On several occasions she had crossed the centre line and veered back, before hitting Mr van Kampen from behind as he cycled along the cycleway.

Mr van Kampen, 46, the father of a then 10-week-old girl, was thrown into the air and over the top of her vehicle. He died instantly.

Downer smelt strongly of alcohol and, when spoken to, could not recall striking the victim, Mr Battersby said.

She was co-operative with police and expressed sympathy to the victim's family.

An evidential breath test showed 716 micrograms of alcohol per litre of breath – the limit is 400.

Judge Les Atkins ordered a pre-sentence report, which will not be ready until February. Downer will be sentenced on February 3.

Outside the court, Ms Pauwels was outraged that Downer had not been charged with manslaughter, saying the charge she faced was "appallingly inadequate".

Change was needed to toughen-up drink-drive laws, she said.

Downer "has no idea what she has done to my family and Frank's family. We have a life sentence. It's disgraceful."

Ms Pauwels said their four-month-old daughter Alexandra would never know her father.

It was the second time she had been widowed and her son Dante, 13, "has lost two fathers", she said.

Downer has been granted bail on condition she does not drive, has no contact with Mr van Kampen's widow or family, and lives at an approved address.

Downer, who has two previous drink driving convictions, could face a maximum of five years behind bars.

- NZPA