Taine Rupena Tata Bryn Edwards appeared in the High Court at Invercargill yesterday, where his conviction and jail sentence were quashed by Justice Cameron Mander.
Last year, Edwards was found guilty of three charges of reckless driving and one charge of manslaughter by inciting and encouraging the driver to operate a vehicle recklessly, thereby causing the death of nurse Emma Bagley.
He was sentenced to two years, six months’ jail, disqualified from driving for three years and ordered to pay $12,000 reparation for emotional harm.
Ms Bagley died in 2018 when the car she was in with her husband and two children was T-boned by a Subaru driven by Dejay Rawiri Kane.
The Crown case against Edwards focused on his conduct throughout the night of the accident as he was with the driver, both at the times of earlier driving and at places where alcohol was consumed.
Defence lawyer Fiona Guy-Kidd QC appealed the conviction and sentence after a new witness, Madeline Arthur, came forward after reading about the trial.
Hours after the verdict Ms Arthur recounted that Edwards and two other people had been actively discouraging the driver from driving away from a property a short time before the crash.
Her evidence was supported by a second witness. Neither of those people had been spoken to by police during the course of the investigation prior to the trial.
During a hearing in the Court of Appeal in May, Ms Arthur said Edwards had actively discouraged Kane from driving that night.
Ms Arthur said after some discussion between the driver and other people in the house, Edwards opened the passenger door of the car for the purpose of persuading Kane not to drive.
Edwards then got into the passenger seat in order to convince Kane, and the door was slightly ajar when Kane drove off from the property.
Justice Simon France said the Court of Appeal was unable to dismiss the proposition that this evidence could have affected the jury’s interpretation of Edwards’ role in the fatal drive and ordered a retrial.
‘‘A miscarriage of justice has arisen as a result of the jury’s inability to hear cogent evidence that counters the Crown case.’’
During yesterday’s hearing, Crown prosecutor Mary-Jane Thomas told Justice Mander the Crown would not offer any evidence at a retrial.
Following this decision, Justice Mander discharged Edwards and he left the court a free man.
Through his defence lawyer, Edwards released a statement extending his sympathies to Ms Bagley’s family.
The declaration stated he had always maintained that he would never have deliberately encouraged Kane to commit manslaughter.
‘‘Mr Edwards ... spent 269 days in prison between the sentencing and the date the appeal was allowed and the convictions quashed,’’ it said.
‘‘This has taken him away from his employment and had a significant financial and emotional impact on him, his partner and his young family. He thanks his family and employer for their continued support throughout this process.’’
