Garry Stephen Harvey, 37, appeared in the Dunedin District Court yesterday, two years after being sentenced to home detention over the death of his fiancee, 29-year-old Sarah Jane Shirley, after driving through North Taieri floods.
The defendant recently pleaded guilty to aggravated driving while suspended, careless driving and refusing to undergo a compulsory impairment test and was sentenced to 150 hours’ community work and six months’ supervision.
The court heard on November 25, Harvey was pulled over after being clocked travelling at 147kmh in a 100kmh zone.
He was suspended from driving for 28 days, but within hours he was back behind the wheel.
After returning to his South Dunedin home, he visited a service station before heading south on State Highway1.
Approaching the overbridge, passing Mosgiel, Harvey veered into the median wire, "wrecking the vehicle and the barrier", a police summary said.
The defendant passed a breath-alcohol test, but because of signs of intoxication, police asked him to undergo a compulsory impairment test.
Despite repeated opportunities, Harvey declined.
The incident came after what a judge called "the ultimate tragedy" on July 12, 2022.
Harvey and Ms Shirley were at home when a friend told them about driving through fords during the recent heavy rainfall.
Harvey had recently bought a 4WD and the three travelled to Silver Stream Rd, where road closure signs warned of the dangerous conditions.
While he expressed some concern regarding the rushing water, his friend reassured him and they ventured through the torrent.
But the force of the water caused the vehicle to roll several times and it came to a rest on its roof 20m downstream.
The two men, who had unbuckled their seatbelts, escaped, but Ms Shirley remained trapped.
Her body was later recovered by search and rescue personnel.
The court yesterday heard Harvey had been on bail in Oamaru and he was keen to get back to Dunedin to continue working and be with his new partner.
Judge Hermann Retzlaff yesterday disqualified him from driving for 13 months.
