Silver Stream in North Taieri pictured on 13 July last year. Photo: RNZ / Tess Brunton
A man whose car flipped while he was driving across a flooded Otago river, killing his fiancee, has pleaded guilty to recklessly causing her death.
Garry Stephen Harvey, 34, has been charged with operating a vehicle and recklessly causing the death of Sarah Jane Shirley, 29, after driving his four-wheel drive across a ford at Silver Stream, North Taieri, on 12 July, 2022.
The charge carries a maximum penalty of 10 years.
The Invercargill resident appeared before Judge David Robinson in Dunedin District Court on Monday morning, entering a guilty plea.
Judge Robinson said there was an extreme rainfall event, causing the closure of roads around the Silver Stream ford on the night of 12 July.
The flow was about 40 cubic metres per second.
The couple were at home and heard from a friend that he had crossed three fords. Harvey, who had a 4WD, drove to the area with Shirley in the front seat and his friend in the rear.
Harvey expressed concern over crossing the ford, with the two men removing their seatbelts, also winding their respective windows down.
A short distance into it, the flow of the water lifted the vehicle, and it was swept off the ford turning the car several times.
Harvey and his friend were able to escape. Shirley's body was found inside the vehicle the following morning.
The court heard that on 5 August, Harvey entered the home of that male friend, resulting in charges of burglary and intimidation.
Robinson acknowledged the family of the victim, who remained supportive of a non-custodial sentence.
Shirley's family held no animosity towards Harvey.
After the incident Debbie Shirley, of Invercargill, told Stuff that her daughter's death was an accident: "It was an accident and that is exactly how we all feel about it".
His lawyer, Steve Turner, advocated for a sentence of home detention, with his client also pleading guilty to the two other charges.
Harvey, who was convicted, will be sentenced on 21 June.
- This story was first published on Stuff