Early return of licence to crash rider

A man whose motorcycle riding was so poor he caused the death of a friend has been able to get his licence back early, largely because of the positive steps he had made since being jailed.

But the win for James Eric Hiroki comes with something hanging over him: A judge says the disqualification will be reimposed if poor driving happens again.

Hiroki was granted his licence back in the Levin District Court on Wednesday, more than a year early after he was disqualified for five years in March 2019.

He is on parole, having served part of his five-year term imposed for a variety of charges, including dangerous driving causing the death of James Gregory Nelson.

Nelson died in November 2017 in a motorcycle accident near Hunterville. He, Hiroki and a friend were riding motorcycles down the North Island after attending a Highway 61 gang gathering.

Motorists spotted all three driving badly and in convoy, with Hiroki causing a crash near Taupō by riding on the wrong side of the road around a blind corner.

His bike hit a car going the other way, but he only stopped to check himself and his bike.

The lead-up to the crash began with the friend riding along broken yellow lines down the centre of the road, narrowly missing oncoming traffic. Hiroki followed, riding on the wrong side of the road.

A ute towing a trailer had to take evasive action, leading to it sliding sideways across both lanes.

Nelson hit the ute and trailer, dying instantly, while the ute rolled, with the couple inside escaping just before it burst into flames. Another vehicle hit the trailer.

Defence lawyer Simon Hewson said Hiroki wanted his licence back mostly for work purposes. While banned from professional driving until 2025, he was doing an apprenticeship as a bricklayer but kept needing rides from people for work.

He was compliant on parole, had already served 18 months’ disqualification while on parole, did multiple programmes in and out of prison, and was keen to change his ways.

He was also sober, with Hewson telling the court he had Hiroki working on his driveway for five months.

‘‘He drank 0% citrus [beer]. That’s all he would let me get him. That was in the heat of summer.’’

Hiroki told Judge Lance Rowe the five-year sentence changed him and that his time in a Mā ori focus unit was especially beneficial.

He was very sorry for what he had done and the harm he caused to Nelson’s family, he said. ‘‘If given a chance, I’m not going to stuff you up. I’m not going to stuff the court up.’’

The application was opposed by police. Prosecutor Sergeant Simon Chamberlain said Hiroki had been out of prison less than two years and the only driving-related rehabilitation was a defensive driving course.

The judge said Hiroki’s driving the day he caused Nelson’s death was appalling. However, Hiroki had worked hard to address his issues, including doing alcohol and drug rehabilitation, getting a job and complying with parole. ‘‘You haven’t put a foot wrong since you were released from prison.’’

The only conditions for the driver’s licence were to have not consumed alcohol before driving and not to get a motorcycle licence.

‘‘Nelson’s whā nau would regard it as something of an affront if allowed [a motorcycle],’’ the judge said.

If Hiroki breached his licence to the point where he had to be disqualified, the remaining time on his fiveyear disqualification would be added back on, the judge said.