A 20-year-old man has pleaded guilty after a ute crash that killed a teenager on West Auckland's Muriwai Beach earlier this year.
Madison Marie Chamberlain died after the vehicle of rolled on the beach on January 21. She was 19. She was in the back tray of the ute at the time and the court heard it was being driven from side to side at 70km/h.
Jesse Hodge, the defendant, did not apply for continued name suppression in court today. He can now be named as the ute's driver.
He entered guilty pleas to fresh charges of dangerous driving and of causing Chamberlain's death while drug driving, after the original charge of dangerous driving causing death was withdrawn. It's been revealed Hodge had MDMA in his system at the time of the accident.
He had medical bandaging around his right arm as he stood in Waitakere District Court after injuring himself in the crash.
A group sat in the public gallery wearing shirts with "JUSTICE FOR MADI" and "LOVE YOU MADI" printed on them in bold, while a group supporting Hodge sat on the other side of the public gallery.
Two others sustained serious injuries in the crash, which led to calls for vehicles to be banned from the beach altogether.
The defendant stood in the dock with his hands clasped in front of him and his head hung for much of today's appearance.
What happened that day?
After today's pleas were formally recorded, the lawyer for the Crown read out the agreed summary of facts.
Hodge received his restricted licence in March 2022. On the day of the crash – Sunday, January 21 – he travelled to Muriwai with group of friends including Chamberlain, who he'd known for years, the court heard.
Hodge was driving a manual Toyota Hilux, despite a condition on his licence that he could only drive automatic vehicles. He was the ute's registered owner and had bought it the week before.
The weather was good that day, the court heard. In convoy with another car, Hodge drove the ute across the beach – which has a posted speed limit of 60km/h – with two passengers, with Chamberlain initially in the other vehicle.
But after they paused for a break and to socialise, seating arrangements were shuffled.
"Prior to the return, two people including the victim got into the back tray of the ute," the court heard.
Hodge drove along the beach at about 70km/h, swerving form side to side intentionally to do "snakies" or "swervies".
Then the front wheels lodged into a patch of soft sand during a right turn.
Both people in the tray, including Chamberlain, were sent flying as the vehicle flipped and rolled.
During the roll, the ute "impacted" with Chamberlain. She received "instant, non-survivable injuries".
After the crash, Hodge was airlifted to Auckland Hospital. His right arm was hurt and a blood sample was taken.
That sample revealed 450 nanograms of MDMA per millilitre in his blood, when 50 nanograms is a high-risk blood concentration level.
Hodge acknowledged on the record he was in breach of his licence conditions and admitted he drove dangerously with passengers in the back tray. The Crown lawyer noted his remorse and previously clean track record before the court.
Where to next?
A nominal date of April 15 was set for sentencing – but that could change.
"Mr Hodge, I don't need to tell you that these are very serious matters," Judge Lisa Tremewan said.
Hodge watched as she recapped today's appearance, noting he had entered guilty pleas at the first opportunity to the two fresh charges.
Judge Tremewan directed for restorative justice "to be looked at", noting that nobody is required to attend but encouraging those affected to do so. Restorative justice involves meetings of affected people separate from the court with a trained facilitator.
She acknowledged the process can be "challenging, difficult and painful for those concerned" but stressed it is often a "very, very constructive, useful process".
Hodge was formally granted bail, having previously been remanded at large.
"Again I acknowledge everyone here today for this very, very difficult matter," Judge Tremewan said.
The maximum penalty on the drug driving charge is 10 years imprisonment or a $20,000 fine, while a three month jail term or $4500 fine is the maximum for dangerous driving.
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