Drugged driver blamed for Waverley crash that killed seven

Friday, 28 June 2019

Coroner Tim Scott has backed calls for roadside drug testing in his report into the fatal Waverley crash that saw seven people killed. The driver of one of the cars had been using drugs before the crash and Scott said this was the major cause.

A coroner says a horrific road crash which killed seven people could have possibly been prevented if action was taken to try and stop the drugged driver who caused it.

On Friday, Coroner Tim Scott released his report into the June 27, 2018 crash on State Highway 3 near Waverley and said the 'overriding reason' for it was that one of the drivers, Jeremy Thompson, was impaired due to his use of synthetic drugs.

As part of his 10-page ruling, Coroner Scott said three people - the crash's sole survivor Ani Nohinohi and two McDonald's fast food workers - could have acted to try and stop Thompson.

Jeremy Thompson and Ani Nohinohi were described by a Hāwera McDonald's worker as 'way gone' 30 minutes before the fatal crash happened.

'It is possible, although there is no certainty about this, that had they done so the police may have been able to stop Jeremy and prevent him from driving further.'

Coroner Scott also added his support to what he called a 'groundswell' of opinion backing the introduction of random roadside drug testing.

Ian Porteous, 80, his wife Rosalie Porteous, 76, his sister Ora Keene, 84, and the trio's friend Brenda Williams, 79, all of Waverley, died at the crash scene along with Thompson, 28, and his six-month-old baby girl Shady Thompson.

Nohinohi's older daughter Nivek Madams, 8, died the following day in Waikato Hospital.

Emergency services were called to the scene of the two-car collision in June.

* Waverley crash: Ordinary lives, public deaths, private hells

* The pain, torment and sorrow of being the sole survivor in a crash that killed seven**

The May 10 inquest into the crash was held at Whanganui District Court and witnesses gave evidence before the coroner, including Nohinohi.

The court heard how Thompson's Nissan Sentra crossed the centreline and hit the oncoming car, a Nissan Tiida, driven by Rosalie Porteous.

Thompson was later found to have traces of tetrahydrocannabinol (THC) along with two chemicals connected to the make-up of synthetic drugs, namely 5F-MDMB-PICA and 5F-ADB, the latter of which is considered a dangerous synthetic cannabinoid.

Speed, vehicle fault and environmental factors were ruled out as causes of the crash, leaving driver action, or inaction, as the likely reason for it.

In his final report, Coroner Scott said he was unable to establish with absolute certainty what caused Thompson's car to drift into the opposite lane but drug use played a key role.

'The overriding reason why the crash occurred was because Jeremy had smoked synthetic cannabis and was an impaired driver. He was not fit to drive and the result was the crash.'

National MP Nick Smith described the findings as 'very potent' including the support the Coroner had expressed for roadside drug testing.

Smith has been championing the cause since Nelson woman Karen Dow launched a petition calling for its urgent introduction following the death of her son Matthew, who was killed in 2017 by a driver high on P and cannabis.

The coronial investigation into the case of the June 2018 Waverley crash which killed seven is over. From left, Rosalie Porteous, Ian Porteous, Shady Thompson, Nivek Madams, and Jeremy Thompson were among the dead.

He said the Dow family had been 'hugely encouraged' by the coroner's findings but Smith remained 'frustrated' by the Government's lack of action on the issue to date.

Public consultation on the issue of enhanced drug impaired driver testing closes on Friday and the Government signalled that it would develop options by the end of the year.

Smith said the Government seemed to have a 'blind spot' on the issue.

'They don't have a hope in hell of being able to achieve their zero road toll unless they get drugged drivers of the road.'

During the inquest, Detective Karl Reyland explained how on the morning of June 27, 2018, Thompson, Nohinohi and the two children were at a Stratford address.

Officer in charge of the case, Detective Karl Reyland.

He said Thompson had smoked three cones of synthetic cannabis before Nohinohi got into an argument with her aunt and the family left the address bound for Whanganui.

In Hāwera, the couple picked up more bags of synthetic drugs and smoked again before heading to the McDonald's fast food restaurant.

A worker noticed Thompson slurring his words and Nohinohi was seen packing a cannabis-like material into a pipe and smoking it.

She then handed the pipe to Thompson who smoked it.

The family then left the drive-through, heading south.

At the time the worker told a colleague Thompson and Nohinohi had looked 'way gone' or wasted on drugs.

Heading north out of Waverley was a Nissan Tiida driven by Rosalie Porteous, who was taking her husband Ian to a medical appointment.

Ian was in the backseat with Williams while Keene was in the front passenger seat.

Ani Nohinohi, supported by whānau, was emotional during her time in the witness box at the inquest.

Thompson's car then crossed the centreline and hit the Nissan Tiida head on.

In Nohinohi's evidence, she admitted she and Thompson had been smoking synthetic cannabis.

She remembered leaving Hāwera but had no recall of what happened next.

'I think it is quite likely that I had fallen asleep because I had been 'synnied out'.'

Coroner Scott said Nohinohi and the two Hāwera McDonald's staff members knew Thompson was impaired.

'It is unfortunate that Ani did not attempt to prevent Jeremy from driving but her judgement was impaired - as well - by cannabis,' his report said.

'It is also unfortunate that one or other of the two McDonald's workers did not contact Hāwera police by telephone to advise them that a cannabis-impaired driver had just left the drive-through. It is possible, although there is no certainty about this, that had they done so the police may have been able to stop Jeremy and prevent him from driving further.'

What did the coroner hear?

The police officer in charge

Coroner Tim Scott oversaw the inquest into the seven deaths, calling the case sad and tragic.

Detective Karl Reyland said on the morning of June 27, 2018, Thompson, Nohinohi and the two children were at a Stratford address.

He said Thompson had smoked three cones of synthetic cannabis before Nohinohi got into an argument with a relative and the family left the address.

Reyland said Thompson was on a learner's licence at the time and had 100 demerit points.

He said a toxicology report was done on Thompson, which detected tetrahydrocannabinol in his system along with chemicals associated with synthetic drugs.

The McDonald's worker

The female worker who served Thompson as the Hāwera McDonald's did not appear at the hearing but her statement was read out in court.

She said she saw Nivek was not wearing a seatbelt and after the family left, she told a colleague the adults in the car - Thompson and Nohinohi - looked like they were 'way gone'.

Christine O'Byrne was following behind Rosalie Porteous' car at the time of the crash.

'What I meant by that was that they were wasted and under the influence of drugs,' her statement said.

The sole survivor

Nohinohi's statement admitted she and Thompson had been smoking synthetic drugs on the morning of the crash before they left Stratford.

She said they stopped in Hāwera to pick up more synthetic drugs, before travelling onto Whanganui but she could not recall anything else after that.

Witness Bruce Wakefield during the May 10 inquest at the Whanganui District Court.

'I think it is quite likely that I had fallen asleep because I had been 'synnied out',' her statement said.

Through questioning, Logan Porteous, son of Ian and Rosalie, asked Nohinohi if she was aware of Thompson's state before he got behind the wheel.

She said she was but she was 'wasted' herself.

Coroner Scott also asked Nohinohi whether she had thought at any stage it would have been safer for Thompson to stop driving.

Serious crash analyst Les Maddaford said driver action or inaction was the main reason for the crash.

Nohinohi replied that she thought he was fine, as he had smoked synthetic cannabis before and driven.

The following motorist

A direct witness to the crash, Christine O'Byrne, said as she approached Ihupuku Rd, she noticed she was driving behind a blue Nissan car, the car Rosalie Porteous was driving.

O'Byrne noticed another small blue car travelling towards them. This was the car driven by Thompson.

'I saw this car drifting over the centre line and remember thinking they need to correct themselves and then it collided with the small blue Nissan that I had been following. This happened extremely quickly,' she said.

'There was no noise after the accident. I didn't hear any screaming, or voices, it was just silent, it was horrible.'

A differing account

Bruce Wakefield said he was driving from Ohakune to New Plymouth when he witnessed the crash.

He said he had been following the Porteouses' vehicle, which he described as a silver hatchback.

He believed the car that crashed into them had been stationary before turning in the hatchback's path.

However, Coroner Scott said no silver car was involved in the crash and all other evidence suggested Thompson's car was travelling south and crossed the centre-line, before hitting the other vehicle.

The crash analyst

Senior crash analyst Les Maddaford eliminated any environmental factors or vehicle fault being a factor in the fatal crash. Speed was also ruled out.

This left driver action, or inaction, as the cause.

Maddaford said there was no fault on Rosalie Porteous' side but Thompson was found to have cannabis and synthetic cannabis in his system.

'The direct causative factor/factors in this matter remain a matter of speculation, these encompass, though are not limited to fatigue, inattention, in-car distraction, drug impairment or a combination of these,' Maddaford said.

'The Nissan Sentra crossing the centre line is not inconsistent with a driver falling asleep and the vehicle tracking 'unsteered' across to the opposite lane.'