Lack of desire for vengeance from dead man’s family keeps ‘blackout’ crash driver out of jail

Saturday, 13 June 2026

Kyle Barnett leaves the Hamilton District Court following an earlier appearance. Barnett, who blamed the fatal crash he caused on an epileptic seizure he called a “lock-up” will not be locked up behind bars himself, a judge has determined.

A forgiving approach by the family of Adrian Bell, who was killed by an out-of-control car as he was walking down a footpath in Hamilton, may have saved the car’s driver from going to jail.

Hamilton man Kyle Sean Barnett was found guilty by Judge Arthur Tompkins of dangerous driving causing death and dangerous driving causing injury, following a judge-alone trial two months ago.

On Friday afternoon Barnett, 27, was back before the same judge to find out his fate.

And it was a fate that may have been ultimately determined by victim statements - read to the Hamilton District Court by Bell’s younger sister Manawa Bell and other members of his family - that led the judge to impose a sentence of 12 months of home detention on Barnett.

The crash on Whatawhata Rd in April 2021 killed a pedestrian and overturned another vehicle. The driver of the red VW, Kyle Barnett, was charged about three years later.

“It’s a particularly commendable aspect that the whanau confirm they are not seeking vengeance,” the judge said. “That is particularly laudable.”

Earlier, Manawa Bell had tearfully told the court of the entire family’s deep love and affection for her older brother who was “known for both his athletic ability and his kind heart … If there was a game to be played, he wanted to win it.”

Bell was also renowned for his love of heavy metal music and his guitar - “although there were times I think people wanted to throw his guitar out the window.”

Bell had lived in Australia for a number of years and during that time had managed a chocolate factory and the family had fond memories of occasionally receiving a surprise delivery of chocolate products on their doorstep.

This ute was stuck first by Kyle Barnett’s car, which then careened into Adrian Bell, who happened to be walking down the footpath nearby.

Bell was also a man who did not believe in money or material things but, as he had told his sister, “as long as we have each other, that’s all that matters”.

On the day he was killed he had been planning a family birthday celebration - “But he never came home”.

The family members who addressed the court spoke little about Barnett. One niece, Jordan Bell, did talk about the tragedy that had befallen them being completely preventable and “the overwhelming pain of coping with something that should never have happened”.

That “something” was the crash that happened more than five years ago, on April 26, 2021, when a Volkswagen Golf being driven by Barnett drove out of Poaka Ave and across Whatawhata Rd without braking, hitting first a ute and then Bell - who happened to be walking on the footpath across the road - causing him fatal injuries.

Barnett had, for at least five years prior to the crash, suffered from dissociative episodes and seizures that he described as “lock-ups”.

After the crash he had been diagnosed as suffering from a form of epilepsy.

During that time he had applied for a restrictive and later a full driver’s licence, and had falsely declared that he did not have any condition that would affect his ability to safely drive.

He had also been told not to drive by medical professionals of at least two separate occasions.

“On this day, it seems a lock-up or seizure occurred which caused him to fail to give way.”

Crown prosecutor Lexi Glaser said that by denying and concealing his condition, Barnett had created an inherently dangerous situation for other road users and pedestrians whenever he got behind the wheel - and this was an aggravating factor the judge should take into consideration.

Defence counsel Mark Jepson said the defendant’s knowledge of his medical condition was contained within the charge of dangerous driving - and thus it was not an aggravating factor.

He also pointed out the lack of speed, alcohol or drugs in Barnett’s offending.

Judge Tompkins took a starting point of four years in jail.

However, the discounts he then applied - namely Barnett’s previous good character, his relative youth, and the fact the crash had also taken a significant toll on him and his partner - amounted to 50% of that time.

That left a jail term of two years - the cusp on which an alternative sentence of home detention could be considered - and the judge opted to take that alternative, settling on 12 months of home detention.

He also ordered Barnett to pay $2000 in reparation to Bell’s family - while acknowledging that doing so “seems to place a dollar figure on a life cut short”, and could be seen as insulting.

Barnett’s driver’s licence has been revoked on medical grounds, however the judge also imposed a three-year disqualification - although he conceded it might be a penalty without any actual effect.