Van driver given home detention

An Indian cook without a valid licence who fell asleep at the wheel of a van which crashed near Luggate, killing a passenger, will serve home detention.

Sentencing documents released to the Otago Daily Times by the Rotorua District Court yesterday outlined how Indian national Bhagwan-Lal Gopawat (46) drove on the wrong side of the road for about 150m between Cromwell and Luggate before the van hit a culvert, became airborne and smashed into a bank on March 25.

The impact killed Kusum Rohit Kenia (62), of India, who was "unrestrained'', and injured five others, the documents said.

Gopawat held a licence only valid for motorcycles and lightweight vehicles in India and was employed by an Indian tourism company in New Zealand as a cook, not a driver, the documents said.

Judge Chris McGuire said during the May 20 hearing the issue of people driving in New Zealand without an appropriate licence was becoming of "real concern''.

"Although a sentence of imprisonment is plainly in the frame, in this particular case, in weighing the mandatory provisions ... this falls on the side of home detention, the main aggravating feature being that the defendant did not have the appropriate licence.''

Facing six charges, Gopawat was sentenced to six months' home detention, 60 hours' community service and was disqualified from driving in New Zealand for two years for the death of Ms Kenia. He was also ordered to pay her family $4000.

On the five other charges related to injuring the other passengers, Gopawat was sentenced to two months' home detention to be served concurrently.

As Gopawat was eligible for deportation this month, his sentence of home detention would cease, but he would need to have paid the reparation before being deported, the documents said.

The summary of facts said the tourist group was split into two rental vans and the company asked Gopawat to drive one of them. Previously, he had only cooked meals for the group.

Travelling on the Luggate-Cromwell Rd towards Wanaka, Gopawat failed to negotiate an "easy'' left-hand bend, crossed the centre line and travelled about 75m into gravel on the side of the road, where he continued for about 80m without slowing down.

The vehicle then became airborne and hit a bank at a speed of about 94kmh, killing Ms Kenia.

She died as a result of cranial and thoracic injuries, including a rupture of her heart, the summary said.

Gopawat conceded he might have fallen asleep.

rhys.chamberlain@odt.co.nz

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