Elderly man lied in crash coverup

An 82-year-old South Canterbury man, who asked his son to take the rap for a serious crash he had no involvement in, has been sentenced to home detention.

Maungati farmer Ian Bruce McDonald was told his lies as he attempted to pervert the course of justice were ‘‘inexplicable’’ when he appeared in the Timaru District Court yesterday.

‘‘You not only lied, but you invited your son into that lie,’’ Judge Joanna Maze said as she sentenced McDonald on charges of perverting the course of justice and careless use of a vehicle causing injury.

McDonald convinced his son, Mark Burton McDonald, to say he was driving the Toyota Hilux which crashed off Back Line Rd at 11pm on February 24 seriously injuring the 72-year-old front seat passenger.

Ian McDonald had been drinking whisky and beer with friends in the Waimate area before he crashed off the rural shingle road at a moderate bend, driving across a grassed area before hitting a large tree.

‘‘The defendant immediately called his son to the scene, who arrived before emergency services,’’ the summary of facts says.

‘‘As the defendant had been drinking alcohol, and did not want to jeopardise his imminent driver licence renewal, he asked Mark to identify himself to police as the driver; and Mark agreed to do so.

‘‘The defendant moved the vehicle Mark had arrived in out of plain sight . . . so it would not be seen by arriving emergency services.’’

When police arrived Mark McDonald provided a statement that he had been the driver and responsible for the crash and signed the statement.

Ian McDonald also spoke to police and confirmed his son as the driver at the time of the crash.

‘‘The defendant first told police he was the front seat passenger and then said he was the rear left passenger.

‘‘Police observations of the defendant at the scene was that he appeared to be intoxicated. The officer who spoke with him smelt alcohol on his breath. He gave slow and delayed responses when spoken to. At one point, he appeared to sway on his feet, and he leaned up against a fence post that was nearby,’’ the summary says.

‘‘The defendant was not subject to breath screening procedures because police did not realise at the time that he was the driver.’’

Judge Maze said because of the

circumstances they will never know what the defendant’s blood alcohol level was.

‘‘It can’t be quantified, because of your lies, no breath-test took place,’’ Judge Maze said.

The summary says a third party was then called to the scene by Mark McDonald to act as a ride home, ‘‘and to perpetuate the story Mark had been the driver of the crashed vehicle’’.

‘‘On the departure of police staff, Mark recovered his vehicle from where it had been hidden and drove the defendant and his other associate home. The third party called to the scene transported nobody home.’’

Meanwhile, the victim reported severe neck and back pain at the scene and was transported to Timaru Hospital for further assessment. It was later revealed he had suffered two fractures to spinal vertebrae which required hospitalisation and surgery.

Crown prosecutor Anne-Marie McRae said the crash victim did not wish to make a victim impact statement, but was recovering well and clearly supported the defendant in supplying a character reference.

It was also stated that the victim did not reveal the lie in his statement to police.

‘‘He didn’t say he [Mark McDonald] wasn’t driving,’’ McRae said, later agreeing with Judge Maze’s question ‘‘so it was an omission rather than a false statement?’’

Judge Maze said with the defendant being 82 years of age there existed a high level of respect and expectation in the community and what he had done in a bid to keep his licence was ‘‘inexplicable’’.

‘‘Your determination to keep driving was at the forefront of your mind.’’

Judge Maze told the defendant the case was ‘‘a serious matter’’ and the harm done was significant to the victim, and significant to his own son.

‘‘Your son wanted to go to police the next day, but you compromised him again until you had your licence renewed.

‘‘It was six weeks later when you went to police to admit what happened . . . that was after you had renewed your licence.’’

Judge Maze agreed with Crown submissions that the sentencing starting point was nine months’ jail with a one-month uplift for the high level of carelessness with alcohol being an aggravating factor.

She also agreed with the Crown on discounts of 25% for early guilty plea, plus 10% for remorse and good character and another 10% for age and ill health, leaving five months which was commuted to 10 weeks’ home detention.

He was also disqualified from driving for six months and reparation of $3000 was ordered to be paid to St John.

Mark McDonald was initially charged with careless driving causing injury but that was withdrawn and he pleaded guilty to a charge of perverting the course of justice in the Timaru District Court on May 24. He will be sentenced on June 22.

‘‘Your son wanted to go to police the next day, but you compromised him again until you had your licence renewed.’’

Judge Joanna Maze