Christchurch District Court Judge Peter Rollo agreed to the police prosecutor's request to withdraw both charges against O'Rourke at a case review session yesterday. He had been charged with careless driving and careless driving causing death.
The charges had been heading for trial after 75-year-old O'Rourke entered a plea of "very definitely not guilty" at a court appearance in November.
The police had reviewed the file and initially decided to go ahead with the prosecution, and O'Rourke - a former lawyer - said he was also getting his own expert report on the March 6, 2021, crash at Governors Bay near Christchurch.
Yesterday, the police sought the judge's leave to withdraw the charges because they did not believe there was a reasonable prospect of conviction. There was insufficient evidence to justify a trial.
"Of course, I agree with that, Sir," O'Rourke told Judge Rollo.
Broughan - known by friends as Joe - died at the scene. He was remembered by friends as being "hilarious" and with an "outgoing personality that everyone loved".
O'Rourke had a lengthy career in local politics, serving as a city councillor in Christchurch for 15 years from 1989 until 2004. He was an MP for NZ First from 2011 to 2017.
By David Clarkson
Open Justice multimedia journalist
