6 Jun 2018

Passenger originally charged over fatal crash

6:33 pm on 6 June 2018

Confusion continues over just who was driving in a fatal car crash in the Hutt Valley in 2015.

Coroner Tim Scott.

Coroner Tim Scott. Photo: RNZ / Rebekah Parsons-King

Almost three years to the day since he died, an inquest into the death of Leyton-Leigh Alderson has begun in the Wellington Coroner's Court.

Mr Alderson, who was 22, died on 7 June, 2015 after the car he was in crashed into a bridge in Wainuiomata.

He had been at a party before the crash and a post-mortem revealed he had a high blood alcohol level and there was also an indication of cannabis use.

Initially police charged a passenger, Beau McMenamin, with drunk driving causing death, but the charge was thrown out after an independent pathologist and crash investigator found evidence suggesting Mr Alderson was driving.

Mr McMenamin subsequently sought costs from police and was awarded $9000 to cover the costs he had incurred in fighting the charge.

Beau McMenamin giving evidence in the Coroner's court in Wellington.

Beau McMenamin giving evidence in the Coroner's court in Wellington. Photo: RNZ / Anne Marie May

Today he told Coroner Tim Scott that he remembered the car sliding out of control approaching the bridge and the next thing he recalled was being in hospital.

He denied driving the car, telling the inquest it was Leighton-Leigh Alderson in the driver's seat.

That led to this exchange with the Alderson family's lawyer, Elizabeth Hall:

"You've been wanting to say it was Leyton Alderson who was driving?" asked Ms Hall.

"Wanting to? What does that mean?"

"You've been wanting to make sure people thought Leyton was driving?"

"I disagree."

"Because you were driving?"

"No, I wasn't."

Mr McMenamin told the court he had been in the back seat when the crash occurred and denied Ms Hall's suggestion he was just saying that to avoid responsibility.

Ms Hall suggested the witness had gone back to the bridge and said sorry for what happened, but Mr McMenamin denied doing that.

Elizabeth Hall, the lawyer representing the Alderson family.

Elizabeth Hall, the lawyer representing the Alderson family. Photo: RNZ / Rebekah Parsons-King

Mr Scott asked Mr McMenamin why he could not remember going to a petrol station on the night of the crash, but was sure he was not driving when the crash happened.

He said every time he goes to sleep he can see the accident and the car going straight into the bridge.

Earlier, police crash investigation specialist, senior constable Glenn Marshall, told the inquest that from his enquiries he came to the conclusion that Mr Alderson was in the left rear seat of the car, a female passenger was in the front and Mr McMenamin was driving.

He said it was not feasible to suggest Mr Alderson was in the front passenger seat and not belted in.

Mr Marshall accepted the police who attended the scene had not taken any blood samples from the car, which could have helped determine who was driving.

He said the car had massive damage on its right hand side and the front was ripped right off.

Mr Marshall said he was still of the opinion that Mr McMenamin was at the wheel when the crash occurred.

The inquest is continuing.