Mother forgives killer driver
The mother of a teen killed by a dangerous driver says she has forgiven the man who caused her daughter’s death in a head-on crash.
Kevin Ronald Bishell, 38, was jailed for two years and six months, ordered to pay the victim’s family $1000 in reparation and was disqualified from driving for four years in New Plymouth District Court yesterday.
He was sentenced on a charge of dangerous driving causing death and refusing a request for a blood sample following the August 28, 2018, crash near Waitara, north of New Plymouth, which killed 18-year-old Olivia Renee Keightley-Trigg.
Following court, Olivia’s parents, Suzie and Shaun Keightley, welcomed the sentence, saying it was more than they expected.
‘‘But no sentence is going to replace Olivia,’’ Shaun said. ‘‘The hole we have is just covered in a thin pane of glass that breaks every now and then. It breaks very often.’’
The couple hoped Bishell, who has an extensive criminal history and was on parole at the time, would spend his jail time engaging in any programmes available to him so he could better himself.
They believe in his remorse and that for the first time he is accountable for his offending.
A successful restorative justice meeting was able to help the family gain peace and Suzie said she would keep up to date with Bishell’s progress.
Moreover, she said she has forgiven him.
‘‘For the first time, this morning I prayed on his behalf because I felt like that is what I needed to do,’’ she said.
‘‘I needed to move on and I don’t want to hold him back and I want what’s best for him and that’s just change. That’s all I want now, just change.’’
After more than a year of court proceedings, the couple say they plan to focus on grieving for their daughter, something that has taken a back seat in their fight for justice.
The sentencing was originally scheduled for Monday, but after hearing victim impact statements and counsel submissions, Judge Stephen O’Driscoll adjourned proceedings until yesterday morning. The visiting judge said he had little knowledge of the case’s background and wanted to give it better consideration before handing down his sentence.
In the final hearing, Judge O’Driscoll acknowledged Olivia’s family and friends, and the ‘‘powerful’’ victim impact statements heard the day before.
‘‘Her death has impacted on many people in many ways and I have no doubt that impact will continue forever,’’ he said.
‘‘No sentence I impose today will change what has occurred.’’
Judge O’Driscoll said Bishell had been travelling at an estimated 113 kilometres per hour when he attempted a passing manoeuvre while heading south on Devon Rd, near Waitara.
He crossed the double yellow centre lines and travelled straight into the path of Olivia’s car.
She had been returning home after dropping off friends at New Plymouth Airport.
Her mother was driving ahead and saw the crash in her rearvision mirror.
Olivia died at the scene. Bishell removed himself from the mangled Fowler Homes ute he was in and identified himself to police as the driver and underwent an evidential breath test, which he passed.
He was then taken by ambulance to hospital for assessment. There, he was asked for an evidential blood sample but refused.
‘‘You said that is because of your fear of needles but as a result of that we do not know what the result would have been,’’ Judge O’Driscoll said.
A pre-sentence report described Bishell’s driving record as ‘‘abysmal’’.
When he was released from prison in 2017, he made an attempt to get his full driver’s licence but failed.
Bishell has six previous convictions for careless driving, with the latest about three months before the fatal crash.
Judge O’Driscoll said Bishell’s history of careless driving and his refusal to give a blood sample elevated the seriousness of the offending and would be taken into account in his sentence.
The Crown argued for a sentence start point of more than three years and six months’ jail, while defence made submissions for an end sentence of home detention. The pre-sentence report recommended home detention.
But Judge O’Driscoll took a start point of 42 months’ jail with an uplift of four months for offending while on parole.
A discount of eight months was then made on a number of points including Bishell’s engagement with drug and alcohol counselling, time on electronically monitored bail and personal circumstances.
A further reduction of eight months was made to reflect Bishell’s remorse and guilty plea, landing him with a jail sentence of two years and six months.
‘‘In the end, driving on the correct side of the road and not crossing the solid double lines is a matter of common sense,’’ Judge O’Driscoll said.
‘‘It is a basic and fundamental obligation on all drivers.’’