- Joined
- Jul 10, 2008
- Messages
- 67,580
- Points
- 113
Attempted u-turn lands airline staffer a $10k reparation bill
Benn Bathgate13:30, May 03 2019
CHRISTEL YARDLEY/STUFF
Gaurav Sharma was driving this car when he did a u-turn into the truck's path, injuring three people (FILE)
An international airline employee whose attempted U-turn on a State Highway resulted in "catastrophic consequences" has been ordered to make a $10,000 emotional harm payment.
Gaurav Sharma, an Indian national working from Qatar Airlines, appeared for sentencing at the Rotorua District Court on Friday after pleading guilty to three counts of careless or inconsiderate driving causing injury.
The charges stemmed from an incident on January 16 this year when Sharma, 30, and three other airline staff colleagues were in Rotorua on a layover, travelling on State Highway 5 near Oturoa Rd.
Sharma was travelling eastwards with a truck and trailer further back.
"As the truck approached, the defendant pulled out into the lane to complete a U-turn, directly into the path of the truck," the police summary of facts said.
"The truck was unable to avoid the defendant's vehicle and T-boned the Mazda, pushing it along the road for approximately 60 metres."
BENN BATHGATE/STUFF
Gaurav Sharma was ordered to make a $10,000 emotional harm reparation payment after a 'catastrophic' lapse of judgement while driving.
The Mazda suffered what was described as "extensive" damage and all the occupants had to be extracted by emergency services.
Two of the victims were transferred to Rotorua Hospital, while the defendant and another victim - who suffered critical injuries - were flown to Waikato Hospital.
The court was told one victim remains in a minimally conscious state.
Sharma's sentencing had been adjourned for one week after Judge Philip Cooper asked his lawyer, Wiremu Te Are, to examine the possibility of insurance payments for the main victim.
Te Are said insurance covered only a replacement vehicle, and that his client had been able to raise $1000, citing the fact he had been unable to work since the accident, and was unsupported financially in New Zealand.
Cooper granted Te Are a further break to delve into Sharma's assets, though no more options for payment were found.
DOMINICO ZAPATA/FAIRFAX NZ
Sharma was ordered to make the payment at Rotorua District Court on Friday.
Cooper said the case represented a "conundrum to the courts," as despite the severity of the injuries suffered by the victims, it was not a custodial offence.
Sharma's lack of support here - and need to return to work overseas - also ruled out community work sentences.
"This wasn't a case of deliberate bad driving, wasn't a case of deliberate risk taking, it is a case of a relatively momentary lapse of judgement," he said.
"That momentary lapse of judgement has had catastrophic consequences."
Cooper ordered Sharma to make a total emotional harm reparation payment of $10,000, with the first $1000 to be paid immediately.
He acknowledged the remaining $9000 would need to be paid over "a lengthy period of time" and reminded Sharma of his legal and moral obligations to pay.
He also ruled out emotional harm payments to the two other victims.
"Not because it's not warranted, there's only so much available."
Benn Bathgate13:30, May 03 2019
CHRISTEL YARDLEY/STUFF
Gaurav Sharma was driving this car when he did a u-turn into the truck's path, injuring three people (FILE)
An international airline employee whose attempted U-turn on a State Highway resulted in "catastrophic consequences" has been ordered to make a $10,000 emotional harm payment.
Gaurav Sharma, an Indian national working from Qatar Airlines, appeared for sentencing at the Rotorua District Court on Friday after pleading guilty to three counts of careless or inconsiderate driving causing injury.
The charges stemmed from an incident on January 16 this year when Sharma, 30, and three other airline staff colleagues were in Rotorua on a layover, travelling on State Highway 5 near Oturoa Rd.
Sharma was travelling eastwards with a truck and trailer further back.
"As the truck approached, the defendant pulled out into the lane to complete a U-turn, directly into the path of the truck," the police summary of facts said.
"The truck was unable to avoid the defendant's vehicle and T-boned the Mazda, pushing it along the road for approximately 60 metres."
BENN BATHGATE/STUFF
Gaurav Sharma was ordered to make a $10,000 emotional harm reparation payment after a 'catastrophic' lapse of judgement while driving.
The Mazda suffered what was described as "extensive" damage and all the occupants had to be extracted by emergency services.
Two of the victims were transferred to Rotorua Hospital, while the defendant and another victim - who suffered critical injuries - were flown to Waikato Hospital.
The court was told one victim remains in a minimally conscious state.
Sharma's sentencing had been adjourned for one week after Judge Philip Cooper asked his lawyer, Wiremu Te Are, to examine the possibility of insurance payments for the main victim.
Te Are said insurance covered only a replacement vehicle, and that his client had been able to raise $1000, citing the fact he had been unable to work since the accident, and was unsupported financially in New Zealand.
Cooper granted Te Are a further break to delve into Sharma's assets, though no more options for payment were found.
DOMINICO ZAPATA/FAIRFAX NZ
Sharma was ordered to make the payment at Rotorua District Court on Friday.
Cooper said the case represented a "conundrum to the courts," as despite the severity of the injuries suffered by the victims, it was not a custodial offence.
Sharma's lack of support here - and need to return to work overseas - also ruled out community work sentences.
"This wasn't a case of deliberate bad driving, wasn't a case of deliberate risk taking, it is a case of a relatively momentary lapse of judgement," he said.
"That momentary lapse of judgement has had catastrophic consequences."
Cooper ordered Sharma to make a total emotional harm reparation payment of $10,000, with the first $1000 to be paid immediately.
He acknowledged the remaining $9000 would need to be paid over "a lengthy period of time" and reminded Sharma of his legal and moral obligations to pay.
He also ruled out emotional harm payments to the two other victims.
"Not because it's not warranted, there's only so much available."
