Last updated 18:04, May 21 2018
SCOTT HAMMOND/FAIRFAX NZ
Blenheim man Stewart Douglas Edward Holdem has been found guilty of manslaughter for his driving on March 24 last year.
Blenheim man Stewart Douglas Edward Holdem has been found guilty of manslaughter for his driving on March 24 last year.
A driver who consumed a "cocktail" of substances before crashing and killing a passenger has been found guilty of manslaughter.
Stewart Douglas Edward Holdem, 37, had been smoking methamphetamine and cannabis in the hours leading up to the crash that killed 24-year-old Nelson man Dylan Sutton.
Holdem also admitted drinking bourbon and cola and taking Tramidol, an opioid pain medication, earlier that day.
His ex-girlfriend and Sutton's partner were injured in the crash. Holdem's ex-girlfriend told the court earlier in the trial Holdem's driving was so "scary" she had "already accepted" they might crash.
Holdem's expression did not change as the manslaughter verdict was read out at the High Court in Blenheim on Monday.
Police investigate the morning after Holdem's 4-wheel-drive rolled off State Highway 6 north of Renwick, near Blenheim.
He was found guilty of endangering a human life, which meant a verdict was not needed on the alternative charge of reckless driving causing death.
Justice Helen Cull said at the trial's closing, five hours earlier, in order to find Holdem guilty of manslaughter, the Crown had to prove Holdem's driving was "a major departure of care" from what a reasonable person would expect of a driver.
The Crown also had to prove his driving was likely to cause harm to others, that he had no lawful excuse for such driving, and that it was the cause of Sutton's death.
Crown prosecutor Jackson Webber told the jury last week Holdem had little sleep the night before, had been drinking alcohol since 10am, and consumed a "cocktail of substances" over the day.
A fatal crash was likely, considering the circumstances, he said.
The women gave evidence last week, saying Holdem's driving was "scary" and they kept telling him to slow down.
They were driving from Nelson to Blenheim that evening, and as they approached Renwick, west of Blenheim, it was dark and raining heavily.
Holdem was "grumpy" and "paranoid" about the women talking in the back seat, and he was speeding and swerving in an attempt to scare them, his ex-girlfriend said.
"He might have let go of the steering wheel a couple times, he was definitely going over the lines, and he was speeding."
The women estimated they were going between 110kmh and 130kmh before the crash.
The truck slid off the road, drove over a bank and flipped into a vineyard.
Dylan Sutton died in the crash. Ambulance officers said they could smell cannabis in the car.
Holdem and the women were taken to Wairau Hospital, in Blenheim, where Holdem tested positive for methamphetamine and cannabis about 1.50am, more than three hours after the crash.
He gave a reading of 0.2 milligrams of meth per litre of blood, with evidence of more meth being broken down in the body.
A toxicologist gave evidence during the trial that meth was believed to impair driving at levels between 0.01mg and 1.9mg.
Holdem also gave a reading of 6 micrograms of THC, the active ingredient in cannabis. An expert witness said drivers were impaired at levels over 1.6mcg.
An alcohol test came back clear, but Holdem admitted drinking about five bourbon and colas and taking "a few pills" of Tramidol earlier in the day.
Defence lawyer Tony Bamford said the jury could not assume there was any alcohol in his system when the crash happened.
People who drank alcohol regularly tended to process it faster, he said.
He also said the women were "spinning" their story, to make Holdem's driving sound worse than it was.
He said Holdem was actually going about 65kmh when he crashed, between Havelock and Renwick.
Holdem was distracted, talking to Sutton, and made a "fatal and tragic error", which fell short of manslaughter, Bamford said.
Bamford also said the women were unreliable witnesses, susceptible to anxiety and paranoid delusions from smoking meth.
But Webber said Holdem's driving was "terrible".
"It was dangerous and he knew it," Justice Cull said, summarising the Crown case.
Bamford asked for Holdem to be granted bail before his sentencing, saying he accepted imprisonment was the likely outcome, but his mother had been recently diagnosed with cancer, and he wanted to prepare his young children for his absence.
But Justice Cull declined the application.
She convicted Holdem and gave him his first strike, under the three strikes legislation.
The three strikes law meant those who committed a second serious violent or sexual offence and were sentenced to prison would not be eligible for parole.
Offenders convicted of a third strike were sentenced to the maximum penalty available.
Holdem would reappear for sentencing on July 12.