A drunk, unlicensed driver who killed two people in a crash while driving up to 139kmh on the wrong side of the road has been released into the community without a conviction due to a brain injury he suffered in the collision.
Alex Greig appeared in the High Court at Christchurch on Wednesday before Justice David Gendall, after he was earlier found unfit to stand trial due to brain damage.
Greig, who sat in a wheelchair in court on Wednesday, earlier faced two charges of manslaughter as well as charges of injuring three other people while driving drunk.
The case against Greig was outlined in an earlier hearing in August in front of Justice Rob Osborne.
His judgment, released to RNZ, said that about 11.57pm on December 30, 2023, Patrick Anngow was driving his unwarranted Chevrolet Bel Air south on Tunnel Rd towards Lyttelton. In the car with him were Andrew McFarlane and Babe Wihongi.
Craig Wilson, a friend of the group, was travelling behind them on his Harley Davidson.
The road had a speed limit of 100kmh. A witness who had been travelling through the Lyttelton Tunnel and on to Tunnel Rd described the Toyota following close behind him through and out of the tunnel. The witness said he was travelling along Tunnel Rd at about 105kmh and once he got to the Port Hills Rd off-ramp, veered to the left to take the exit.
"At that point there was also a central traffic island that becomes a concrete barrier separating the two southbound lanes from the two northbound lanes.
"The defendant moved to the wrong side of the barrier and then continued driving north on the wrong side of the carriageway," Justice Osborne said.
A vehicle driven by a second witness travelling south in the eastern-most lane narrowly avoided a collision with Greig when he had travelled about 200m on the wrong side.
A short-distance behind the witness' car, Anngow was driving with Wilson following. Both vehicles were in the western-most lane.
"The defendant's Toyota collided with Mr Anngow's Chevrolet. The Chevrolet exploded and produced a large fireball."
Anngow and Wihongi were killed in the collision. McFarlane was critically injured, and Wilson, who was thrown from his motorcycle down the bank onto the eastern side of Tunnel Rd, suffered extensive injuries to his left leg.
The Toyota suffered extensive damage. Monsall was trapped in the passenger seat and was cut out by firefighters. Greig was found "conscious and mumbling on the ground", near the driver's door.
About six hours after the crash a blood sample was taken from Greig which identified a blood alcohol level of 109 milligrams per 100 millilitres of blood, (the legal blood alcohol limit is 50 milligrams of alcohol per 100 millilitres of blood for drivers aged 20 and over). Greig's blood drug results detected THC with a range value between 2.1 to 3.7. The tolerance legal limit is 1 and the high-risk level is 3.
Justice Osborne said there was also evidence that Anngow may have been impaired by alcohol and/or drugs, and that Wilson was "drug-impaired" and following too close behind the Chevrolet.
At the hearing Senior Constable Paul Beaver of the Canterbury Serious Crash Unit, estimated Greig was travelling at an average speed between 120kmh and 139kmh prior to the crash while the Chevrolet was travelling between 101kmh and 118kmh.
Beaver confirmed the condition of the Chevrolet would have contributed to the severity of the injuries suffered by the passengers.
"He also confirmed the lack of seat belts in a vehicle of that age, and the lack of restraint would have meant that the two Chevrolet passengers were able to be ejected from the vehicle following impact."
Detective Brett Goucher, the officer in charge of the investigation - dubbed Operation Tunnel - said he did not speak to Greig until April 23, 2024, due to his medical condition.
Greig told Goucher he had no memory of the crash or details relating to the Toyota or the man in the car with him.
Goucher said experts estimated Greig had a blood alcohol level between 170 and 260 milligrams per 100 millilitres at the time of the crash.
Justice Osborne said there were "clearly contributing factors" to the fatal crash which related to matters other than Greig's driving.
However, he was satisfied on the balance of probabilities based on the evidence that Greig was involved in the offences with which he was charged.
"I am satisfied the defendant, by causing the vehicle accident, caused the deaths of Mr Anngow and Ms Wihongi. I am also satisfied the defendant... caused bodily injury to Mr Monsall, Mr McFarlane, and Mr Wilson."
Justice Osborne said Greig had earlier been found unfit to stand trial after he was assessed by two health assessors who found he had a type of brain damage called a diffuse axonal injury.
"Both experts confirmed they saw very little chance of substantial improvement in the defendant's cognitive functioning based on the natural history of the injury of the kind he has experienced."
'I have to venture life without my husband'
At the beginning of Wednesday's hearing, Anngow's wife Nicola Anngow read a statement to the court.
She said every morning she woke alone and the pain began, with constant reminders every day of the life she had lost.
"Words cannot express the depth of pain, loss and grief, alongside the robbing of dreams, losing my soulmate, the father of my children brings each day myself, my children, grandchildren and Pat's siblings and friends, the underlying sense that it feels like we are being punished for the rest of our lives. I have to venture life without my husband."
Anngow's brother Gerard Anngow said his life had never been the same since December 2023.
"Pat did not deserve to be taken so soon or in such tragic circumstances," he said.
His brother was driving his "pride and joy," a car he had dreamed of owning for about 40 years.
"He'd been doing it up slowly and had been working on it with friends the night of the accident, and was taking it for a drive. Little did he know that was to be his last ever drive."
Anngow was not only his brother, but he was "mentor and my best friend".
"We had a special bond that can never be broken, and even when Pat took a different path in life, we still remained close," he said.
"I've had many sleepless nights, and not a day goes by where I don't think about him."
Crown prosecutor Sean Mallett said the hearing was going to bring "little comfort" to the victims and families.
"That's because this is not a sentencing hearing, Mr Greig has not been convicted of what happened in December 2023, we are here to determine disposition for a man whom has been found unfit to stand trial."
Mallett said the health assessors reports were clear Greig was not suffering from an intellectual disability or a mental disorder of the kind that would justify him being dealt with under the Mental Health Act or the Disability Act and which would find him in a secure facility or hospital.
Mallett said the practical result was for Greig to be released.
"And I know that conclusion is one that is going to feel wholly unsatisfactory, however on the flipside of that conclusion if Mr Greig situation were to ever change going forward and if he were to find himself in a position to be fit to stand trial the Crown would look to recommence a prosecution at that time."
Greig's lawyer Kathy Basire acknowledged the victim's families and the loss of their loved ones. She also acknowledged, on behalf of Greig, the length of time the proceedings had taken and the impact on the families.
She said the proceedings were initiated by counsel when it was clear they were unable to take instruction from Greig.
Basire said the reports received made it clear the impact of the crash on Greig, and said he would have significant and lifelong injuries. Those impacts were continuing with regular seizures.
She sought a stay of proceedings, noting the Crown could apply for it to be lifted if there was some "significant change" to Greig's position.
Justice Gendall said Greig was unable to comprehend his legal situation, retain information or instruct counsel.
Greig had been undergoing rehab with the Laura Fergusson Brain Injury Trust since he was released from hospital.
His health condition had deteriorated with several seizures worsening his cognitive function and physical health and negatively impacted his mental wellbeing.
Greig was likely to have life-long neurological deficits, Justice Gendall said.
There was the possibility of some minor improvement continuing over the next year or so, however it was unlikely that any improvement would be to the degree that fitness to stand trial could be revisited.
"That leaves the only available order as one for your immediate release. I acknowledge that your offending here, Mr. Greig, was very serious indeed, with consequences that were catastrophic.
"However, the only realistic outcome here is for your release."
Justice Gendall said it was noted that given Greig's current condition, he did not pose a risk to the public being unable to easily access alcohol or other substances which appeared to previously have been the cause of his offending.
He also made an order for the proceedings to be stayed, and said the Crown may apply for the stay to be lifted "in the unlikely event your condition improves".
