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Taupō double fatal crash: Kim Blakeney-Williams' medication
'quadrupled' two weeks before head-on smash
(HTM) Source
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It was on her return that she failed to negotiate a moderate bend and
crashed straight into the car carrying Reporoa mother-of-three Claire
"Jeannine" Gwawr Ball, 51, and her mother-in-law Lynda Ball, 76, of
Taupō.
A scene examination found no brake marks at the scene. No illegal
drugs or alcohol were detected in her blood.
McGahey argued that those symptoms increased her culpability for the
charges to moderately high and urged Judge Arthur Tompkins hand down a
community detention sentence, which would see her subject to a night-
time curfew.
But Blakeney-Williams' counsel Ron Mansfield successfully argued it
was important the court did not descend into an area of "hindsight"
and there had been no warning from her doctor nor around the
medication itself not to drive.
Judge Tompkins agreed with Mansfield's submission to sentence her to
community work, imposing 150 hours, and 12 months' disqualification
from driving.
He also ordered emotional harm reparation to each family of $10,000.
The sentence was too much for Ball's whānau, who muttered in disgust.
Jeannine's husband Kevin stood up and yelled, "is that it, is that?"
as Judge Tompkins left the court room.
Tensions escalated as Blakeney-Williams was then ushered out a back
door of the court room, instead of having to walk past supporters of
both families.
Supporters from both sides then had heated discussions as Ball
lamented the others' ability to go home to their loved ones tonight,
while the bereaved family members couldn't.
"You took two f****** lives," he yelled at her, "what the f*** is this
justice system about, eh".
Claire "Jeannine" Gwawr Ball, (left) with her mother-in-law Lynda
Ball, who were both killed in a head-on crash on Broadlands Rd in
Taupo on January 5. Photo / Supplied
## 'We have been left with the life sentence.
The sentencing started with members of the Ball family reading their
victim impact statements to the court.
"We are the victims and you have left us with life sentences," Kevin
Ball said.
"On 5 January at about 4.10pm the two most precious women in my life
were taken by your reckless actions," he said.
Jeannine had travelled on Broadlands Rd nearly every day over the last
18 years but the trip that day had destroyed their family.
He said he had cried most days for having lost "my soulmate of 30
years".
"The only thing I cry about during the day is Jeannine.
"You took our lives but you also took our futures," he said. "Jeannine
had so much to live for."
Members of the Ball family and their supporters wait outside the Taupo
District Court for Kim Blakeney-Williams, who had been sentenced on
two charges of careless driving causing the deaths of Jeannine Ball
and her mother-in-law Lynda Ball of Taupo on January 5. Photo /
Belinda Feek
She had never got to meet her new grandson, who was at court with his
father and the couple's oldest son, Joshua and partner.
"I can't write and tell you what this feels like," Joshua said.
"I feel so robbed and heartbroken. Mum was one of the most amazing
people to grace this planet.
"Mum was everything to me ... we had so much fun and laughs together."
That sadness then turned to anger.
"I feel the whole process has been disgusting.
"I have no faith in the New Zealand justice system or New Zealand
police.
"Our criminal justice system is heavily weighted in the favour of the
defence, not the victims."
Other family members earlier expressed the same frustration - that
someone who kills someone while driving a car can get the same
sentence as someone who steals less than $500 worth of groceries from
a supermarket.
## 'Nothing I can do will address that loss'
In a statement afterwards, Blakeney-Williams said she acknowledged the
loss felt by the Ball family.
"Nothing I can do will address that loss and the obvious grief they
understandably feel. If I could address those feelings, I would in a
heartbeat.
Members of the Ball family outside the Taupo District Court, including
Kevin Ball (left) and son Jaden (far right) with Sergeant Steve
McNally after the sentencing of Kim Blakeney-Williams. Photo / Belinda
Feek
"To know I caused that pain by something as simple as falling asleep
at the wheel, something I never imagined or contemplated, is hard for
me to contemplate and accept."
She said she didn't feel any different that day, despite the change in
prescribed medication.
"I never contemplated it might impact on my driving decisions or
safety.
"Simply, if I had feared I might fall asleep, I would not have driven.
I am an otherwise responsible, careful and safe driver."
In handing down her sentence, Judge Tompkins noted she hadn't been
charged with the more serious dangerous or reckless driving causing
death, and there were no aggravating features leading up to the crash,
such as speeding or erratic driving.
Blakeney-Williams also had a low likelihood of reoffending and any
previous convictions were decades prior and not relevant.
"In those circumstances, I assess your culpability as low."
**Belinda Feek is an Open Justice reporter based in Waikato. She has
worked at NZME for nine years and has been a journalist for 20.**
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