A judge has found a Wānaka man guilty of drink-driving and careless driving, despite the man’s claim his cousin was behind the wheel when they crashed in Queenstown.
Eseroma Viba, 30, and his cousin, Leitie Rogorogoivalu, decided to drive home after drinking with Wakatipu Rugby Club team-mates in the resort’s town centre on April 21.
However, they crashed in Edinburgh Dr about 5.30am, Viba’s car flipping and landing on its roof.
His reading of 976mcg was nearly four times the legal limit.
Two days later, while making a claim for his car, he told his insurance company he had been the driver.
However, his story changed a month later, on the day of his first court appearance, when he called back his insurer to say his cousin had been driving.
Both men gave corroborating statements to the police on June 6, saying Rogorogoivalu had been behind the wheel.
At Viba’s judge-alone trial in the Queenstown District Court this week, the police argued he changed his tune after realising a drink-driving conviction would invalidate the insurance claim and cost him thousands.
He had bought the vehicle, which was a write-off, with the help of a $30,000 loan.
Defence counsel Tanya Surrey said Viba had admitted to being the driver at first because he was worried his cousin, who had only been in New Zealand a short time, would be deported if convicted of drink-driving.
He had changed his story after speaking to friends and family, who had told him it was better to tell the truth.
Viba did not give evidence, but Rogorogoivalu told the court he had decided to drive because his cousin was very drunk, and he had only consumed three beers.
He had panicked after the crash because he did not have a New Zealand driver’s licence.
Judge Mark Williams said Viba had an incentive to lie about who was driving, because admitting the charges would inevitably cost him an insurance payout.
However, it appeared that only became clear to him at his first court appearance a month after the crash.
"It’s significant that on the same day, he telephoned his insurance company and told them in fact it was his cousin who was driving the vehicle.
"In my view, this was a blatant attempt by him to escape liability."
He rejected Rogorogoivalu’s evidence entirely.
"It was clear to me he was unreliable and had no credibility when he said he was the driver of the car at that time."
That was apparent from his "extremely long pause" and confused answer when he was asked why it took him six weeks to tell police he had been driving.
It was fortunate for both men the crash had occurred at a time of day when nobody else was on the road.
"Those who get behind the wheel of a car intoxicated can cause serious accidents and they can, at times, be fatal."
He convicted Viba on both charges and fined him $1000.
Although his breath-alcohol level would normally result in an alcohol interlock sentence, he was exempted because he no longer had a vehicle.
He was therefore disqualified for 12 months.
