A Mt Maunganui truck driver who smashed into a promising
young cycling star competing in a major road race has
destroyed her hopes of international success, Tauranga
District Court heard today.
Kerry Bradley, 62, was appearing for sentence on a charge of
careless use of a motor vehicle causing injury, to which he
had pleaded guilty at an earlier hearing.
Christchurch teenager Harriet Smithies, national under-17
road champion, was leading the three-day Queen's Birthday
Weekend cycle tour of Taranaki on June 2 when - just 5km from
the finish line - Bradley's large truck hit.
He had slowed his truck and trailer unit, carrying a full
load of methanol, as he approached an intersection to State
Highway 3 at Waitara.
According to the police summary of facts, Bradley turned
right from a give way controlled side road into the path of
Miss Smithies, who was a short distance ahead of a group of
other competitors in the 85km race.
She was wearing a blue and white cycling top with a yellow
number attached and visibility was clear.
When the cab of the truck was just over the highway centre
line, Bradley saw the cyclist collide with the tri-axle of
his trailer.
The teenager was thrown from the bicycle and landed on the
road.
Her injuries were so severe, she had to be placed on a
ventilator in intensive care at Taranaki Base Hospital.
The Cashmere High School student was later transferred to the
Burwood spinal unit in Christchurch.
Miss Smithies had part of a collapsed lung removed and an
almost-severed ear re-attached. Her spinal cord was damaged
and most of her ribs were broken, along with her right
collarbone and left shoulder blade.
Bradley told police he knew the race was on but had not seen
anything coming when he pulled out into the highway. He
thought the large mirrors on his truck may have partially
obscured his view of approaching traffic.
In a victim impact report, Harriet Smithies expressed worries
that she might never realise her goals to win a gold medal at
a future Commonwealth Games or become a professional cyclist.
Before the crash she had been selected to represent New
Zealand in the under-19 Tour of Canberra in July, which would
have been her first step toward the junior world
championships in Moscow next year.
Sentencing Bradley to 80 hours community work and
disqualifying him from driving for six months, Community
Magistrate Robyn Paterson said she took into account that he
had suffered deeply himself and was horrified at what had
happened.
She ordered him to pay $3000 emotional harm reparation,
saying the court was "very mindful" of the severe injuries
suffered by Miss Smithies and the pain she and her family had
suffered.
The punishment imposed was "only a token" considering the
victim's international cycling hopes had been destroyed.
Mrs Paterson noted that Bradley had expressed a high level of
guilt and remorse. He had more than 25 years of experience as
a commercial driver and, until now, there had been no
suggestion of any incompetence.
However, Miss Smithies did have a right to travel on that
highway.
"The cyclist had the right of way and you crossed into her
path," the magistrate said.
"You made a calculated decision and judgment to move through
that give way sign."
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