Former justice minister Kiri Allan. Photo: RNZ / Samuel Rillstone
Former justice minister Kiri Allan has pleaded guilty to failing to accompany a police officer on the night of the car crash that ended her political career.
Allan was charged with careless driving and failing to accompany a police officer after crashing into a stationary vehicle on Evans Bay Parade in Wellington last July.
She admitted careless driving but had initially pleaded not guilty to refusing to go with a police officer on the basis law enforcement had prohibited her from speaking to a lawyer.
Her judge-alone trial for this charge was due to start on Wednesday morning but defence lawyer Christopher Stevenson told Judge Brooke Gibson in the Wellington District Court things had been "resolved late in the piece".
She would pay reparations for the damage to the vehicles involved ($5296) and had low culpability for the crimes given her "fragile emotional state at the time", Stevenson said.
Judge Gibson sentenced Allan on the spot, convicting and fining her $300 for the careless driving charge and convicting and discharging her for failing to accompany a police officer charge.
Judge Brooke Gibson. Photo: The Post/Monique Ford
Allan was not in court, though the 'category' of offences meant the former MP does not have to attend her court hearings.
In a summary of facts provided to the court, police said at about 8.55pm on Sunday 23 July, Allan drove a Hyundai vehicle north on Evans Bay Parade in Wellington.
"The road was wet from light rainfall and well lit, by overhead street lighting.
"The defendant has veered off to the left-hand side of the road and collided with the rear of a parked Mazda vehicle."
Police noted while both vehicles were "extensively damaged in the crash, no one was injured".
"The defendant has tried to move her vehicle before walking away from the scene towards Oriental Parade."
That was where Allan was located by police, and subsequently her breath alcohol was tested.
Defence lawyer Christopher Stevenson. Photo: The Post/Monique Ford
The summary of facts states Allan's breath screening test registered a result over 400 - the legal limit is 250 micrograms of alcohol per litre of breath.
"While the defendant was required to accompany the officer to a place for the purposes of an evidential breath blood test or both, she refused to accompany the officer, saying she wanted to speak to a lawyer first.
"She was warned several times and provided ample opportunity to accompany the officer. She was also advised that a lawyer would be made available at a practical time and that this could be either in ths police vehicle on the roadside or back at the police station," according to the summary of facts.
Police noted Allan "continued to refuse and was subsequently arrested".
"Breath test procedures were eventually commenced and a subsequent evidential breath test gave a reading of 335 micrograms of alcohol per litre of breath," according to the summary of facts.
Police sought reparation for the victim.
The court also heard Allan had faced a drink driving charge more than 20 years ago, although that was not considered relevant to the current case.
She had previously explained she pleaded not guilty to failing to accompany a police officer on the basis that she did not have access to a lawyer.
In an Instagram post, she said she had requested to speak to a lawyer immediately before and after her arrest but the police did not allow it.
The charge resulted from her unwillingness to accompany the police without the ability to speak to a lawyer, the former MP said.
"The issue here is that such a fundamental legal right sits in a grey area which several senior lawyers in NZ from both a defence and prosecution perspective have not been able to provide a unified view on."
The statement said all agreed the law was currently uncertain.
Allan said laws should be clear and accessible to all New Zealanders, not just legal professionals.
The former East Coast MP did not seek re-election after last year's crash, going on to launch a consultancy business.
She is now campaign manager for musician Ria Hall's bid for the Tauranga mayoralty.
