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'This is on you; this is what you've done" – witness recounts fatal crash scene in Invercargill

The Southland App

03 September 2020, 8:53 AM

'This is on you; this is what you've done" – witness recounts fatal crash scene in Invercargill

A police officer has recounted the moment he held the hand of Leonard Bagley as he sat critically injured in his up-turned Kia SUV after it was t-boned by a Subaru WRX in Invercargill in December 2018.


Mr David McLardy was called as a witness during the second day of the trial of 22-year-old Taine Reupena Tata Bryn Edwards in the High Court at Invercargill on Thursday. 


Edwards, who was a passenger in the WRX, is on trial for being a party to manslaughter by inciting and encouraging reckless driving, with an alternative charge of being a party to dangerous driving causing death.



He also faces three charges of being a party to causing injury by inciting and encouraging reckless driving, and three alternative charges of being a party to causing injury by inciting and encouraging dangerous driving. 


All of the charges relate to the crash that occurred on the evening of December 7, 2018, at the corner of Clifton and Newcastle Streets in the suburb of Windsor in Invercargill. 


The crash killed Invercargill nurse Emma Joyce Bagley (37), while and her husband Leonard Bagley had to be put in an induced coma in hospital. Their two young children, Eva and Flynn, sustained minor to moderate injuries.

According to police, Kane's blood was found to have 155mg, plus or minus seven milligrams, of alcohol per 100ml of blood in his system – three times the legal limit.


Serious crash analyst Mr Jack McGilbert said the pre-crash speed of the Subaru was approximately 121km/h, while the Kia was 36km/h. 


Mr David McLardy, a police constable, was at his home near the corner of Clifton and New Castle streets, getting ready for his night shift when he heard a car "rocket past" his house, followed by a loud bang.



He rushed outside to see a cloud of dust, the Subaru in the road and the Kia vehicle on the northside of the intersection, upturned with "extensive impact damage."


Defence counsel Fiona Guy Kidd QC asked if he became angry and emotional upon witnessing the scene of the crash that happened in his neighbourhood. 


"I wouldn't say I was angry no, but I was upset at the extent of the damage that I'd seen."


She then asked if he made an abusive comment towards the passenger in the Subaru, the defendant Edwards.


He denied making an abusive comment to Edwards. 


"I pointed to the SUV, which was upturned, and said 'this is on you, this is what you've done’."



Mr McClardy said he had spent 10 minutes holding Mr Bagley's hand in the SUV before going over to where Edwards and Kane sat trapped in the Subaru.


He said the driver, Edwards’ cousin, Dejay Kane, was semi-conscious but Edwards was conscious when he spoke to him. 


Crown prosecutor Mary-Jane Thomas then asked how long the verbal exchange between the defendant and Mr McLardy took place, to which he replied: "10-15 seconds".


He added the defendant said to him; "you can't talk to me that way”.


"He asked the uniformed officers behind me if they had heard what I had said to him," Mr McLardy said. 


The court also heard from more key witnesses who provided information about the events that occurred in the hours leading up to the crash. 



Helen Ruth said she was driving home from work along Tweed Street around 8.50pm when she recalls a green car passed her on the bicycle lane and then turned left onto Inglewood road. 


"It was erratic driving. [The car] cut in front of me to zoom around the corner, which wasn't far away."


She said she didn't see the driver, but she saw the passenger, Edwards.


"The window was down, he turned and looked back at me and laughed and threw a load of boxes out of the window... he was Maori and had a cap on."


Defence counsel Mrs Guy-Kidd asked if she could have been mistaken as she only saw the car for "a number of seconds" before it turned the corner. 


But Ms Ruth said she was sure of what she had seen. 



Earlier in the day, Nicholas Hansen was called to the witness stand. 


He told the court he had been playing golf with Kane and Edwards along with eight other friends at Queens Park around 5.30pm, about four hours before the crash occurred. 


Hansen and Kane worked for the same company and had spent the day down at Tiwai. He said he and Kane clocked off a few minutes before 4pm and had a "few drinks" on the way back to Invercargill in the work van. 


He described their work uniform they were wearing as having yellow and blue high viz bands around the top.


He then said he didn't remember what car he was in when he went to the golf course. 


Mrs Guy-Kidd said Mr Hansen's bank card was later found in the front seat of the Subaru. 



She then asked if he could have been in the front seat of the car.


"Witnesses gave evidence of seeing a green vehicle travelling up Kelvin Street with two people in high viz at 5.50 pm... could you have been one of those two men."


"No, 'cause I was at the golf course," Mr Hansen said. 


She then asked how many of the group where Maori, like Edwards, to which Mr Hansen said the majority of the people in the group playing golf were of Cook Island or Maori ethnicity. 


Mr Hansen said Kane and Edwards then drove him home just before 8pm as Mr Hansen had an ankle bracelet on, which would alert police if he wasn't home by eight o'clock. 


He said he doesn't remember Kane driving dangerously or running a red light but said he was going "50-60-70 kilometres an hour" and remembers telling him to slow down and said Edwards did too. 



Miss Thomas asked what he would have done if Kane had gone through a red light. 


"I would have had a go at [Kane] if he went through a red light 'cause you're not supposed to do that," Mr Hansen said.


He said Kane and Edwards stayed at his place to have a few drinks for around 45 minutes before leaving in the green Subaru, where they would be sighted driving a number of times by members of the public. 


The trial continues tomorrow. 


A case of inferences:


Crown prosecutor Mary-Jane Thomas told the jury in her opening address yesterday that the Crown must prove, beyond a reasonable doubt, that Edwards incited and encouraged Kane to drive recklessly on that day resulting in the death of Mrs Bagley and the injury of her husband and two young children.


She said Crown case would rely on "inferences" and that Edwards’ words and conduct were deliberate in assisting the driver’s offending.


Kane, the driver, pleaded guilty to manslaughter and causing injury as a result of reckless driving last year and was sentenced to more than four years in prison.

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