The mother of a 16-year-old boy who died in a car crash after being served alcohol at three separate establishments has refuted claims one of the store owners had apologised for the part they played in the tragedy.
By Torika Tokalau of Local Democracy Reporting
Sarah Kelly, the mother of Silas Sims, was at the Auckland High Court on Thursday to hear Micmat Limited appeal the cancellation of their liquor off-licence by the Alcohol Regulatory and Licensing Authority (ARLA).
Trading as Matakana Liquor Centre, and owned by John and Louise Walsh, Micmat's licence was revoked after they were found to have sold alcohol to Silas three times on July 16, 2025, before he died.
The authority found Micmat, as a licensee, conducted its licensed premises in breach of the Sale and Supply of Alcohol Act, and sold alcohol to minors.
Additionally, the alcohol licences of two other hospitality outlets, Matakana Pub and Leigh Sawmill Cafe, were suspended, as well as certificates of several duty managers who served Silas and his friends on the day of the accident.
At the appeal in front of Justice James Alexander MacGillivray on Thursday, Micmat lawyer Andrew Braggins told the court John Walsh had apologised at earlier hearings where Silas' parents were present.
Braggins said John Walsh had stated they were extremely upset about the tragedy and it weighed deeply on them as they had two boys, later adding "they prayed that everything goes right, but we're extremely sorry".
'Excuse me, I'm the parent'
Kelly, who was sitting in the gallery just metres from the Walshes, spoke out immediately in open court refuting the claim.
"Excuse me, I'm the parent. It was never a personal apology, it was an apology in front of a judge."
Justice James Alexander MacGillivary asked Kelly to speak through her counsels, adding he understood the appeal brought out strong feelings for Silas' family.
In appealing the ARLA decision, Braggins said it wasn't fair that his client had copped the harshest penalty while others walked away with just a suspension.
He said if there was a history of misconduct, then his applicant's suitability must be questioned, but the liquor centre had always been 100% compliant as a licensee since 2007, and as well as making sure staff were regularly trained, had proper procedures in place.
He said the penalty imposed on Micmat was "overly harsh", compared to the suspensions handed to the duty managers who sold alcohol to the teens, and other shops.
"Everyone else was suspended while [Micmat] lost his licence," Braggins said.
He brought up examples of past decisions handed down by ARLA which weren’t as harsh, arguing the cancellation of Micmat's liquor licence did not give them room to redeem themselves.
"The conclusion is that Micmat is so terrible that it is irredeemable and can't be allowed to clean its house and in all of the other decisions, one that included a death, the licensee had been given the opportunity to identify the issue and fix the problem.
"This is the first time and only time that a problem has been raised and Micmat has never been given an opportunity to fix the issue. And my submission, leaving aside the harm, some of the other cases are quite alarming where there's no manager on duty, there's a series of three or four sales to under age people over a period of years."
He said the centre was taking its own steps to redeem itself, including having a mystery shopper every week as a self-imposed controlled purchase operation.
They also had letters of support from the Matakana Community Group, the community constable and petition signed by members of the community.
Police lawyer Elena Mok emphasised the issue of compliance culture, and complacency which was brought up at earlier hearings.
"The fact that three duty managers who sold alcohol to the young people in question, they appear to be aware of these policies, or they certainly ought to have been, but they didn’t follow them," Mok said.
She said compliance culture emanates from the licensee.
"Whilst duty managers do have an obligation to be responsible for compliance with the provisions of the act, it also makes clear that the licensee must take all reasonable steps to enable the manager to comply with this section."
Mok said the pattern of breaches on July last year was indicative of a licensed premises not being conducted in compliance with the act.
"That afternoon really does provide a snapshot into how this licensed premises was operating."
Justice MacGillivary reserved his decision for later.
ARLA decision
In a decision issued on March 30, ARLA cancelled the licence of Micmat Limited, trading as the Matakana Liquor Centre, as a result of three different duty managers at the shop at 993 Matakana Road serving alcohol to minors on July 19 last year.
DIG Matakana trading as the Matakana Village Pub at 11 Matakana Rd, owned by Deborah Body, Liam Body and Ian Kowalski had its licence suspended for 21 days.
And Worn Out West trading as the Leigh Sawmill Cafe at 142 Pakiri Rd, owned by Edward, Benjamin and Margret Guinness had its licence suspended for 14 days.
Four duty managers from the three establishments also had their licences suspended — two of whom were from Matakana Liquor Centre.
Silas died at the wheel in a car crash having consumed beer sold to him by the Matakana Village Pub and the Leigh Sawmill Cafe, and a 700ml bottle of Jägermeister liqueur, which has an alcohol content of 35%, he bought from the Matakana Liquor Centre.
A post-mortem blood analysis found Sims was six times the legal limit.
– LDR is local body journalism co-funded by RNZ and NZ On Air.
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