Her father Brian Barnes was fatally struck by a truck driven by 40-year-old Michael Stacy on State Highway 23 south of Whatawhata on February 12 last year.
An investigation revealed that Stacy was speeding and that the service brakes on his truck, which was carrying debris from a nearby skid, were operating at only 33 percent capacity. The parking brake only worked at 15 percent of capacity.
Barnes' grieving family appeared in Hamilton District Court on Tuesday for Stacy's conviction on charges of reckless driving causing death.
His second-eldest daughter, Ann Marie, 38, told Judge Glen Marshall she never in her life imagined her father would die from moving traffic cones.
“It didn't make any sense at all because he wasn't supposed to get out of his vehicle. What was he doing when he got out of the car to move cones?
“You know, Dad was always afraid that one day he would get hit by a truck because of the amount of trucks he saw racing through roadworks, and it was absolutely insane not to slow down while he was in a vehicle.
“A fear that became reality.”
The younger sister, Gaylene Maruzza, said her world came crashing down when she heard the words “Daddy's gone.”
'Just because. Without warning.”
What made it even harder to bear was the fact that the 58-year-old had just returned to work, just under a year after undergoing open-heart surgery – something doctors never expected him to recover from.
'Unable to stop'
State Highway 23 was closed for a long time last summer as Cyclone Gabrielle caused extensive damage to several parts of the road.
On the morning of February 12, Stacy was driving a McGowan Transport truck helping to repair a slip on the SH23 deviation.
The road was closed to the general public.
He picked up his Kenworth truck from the McGowan yard and drove to SH23 for a toolbox meeting.
He drove to the dump and filled his truck with a load before heading to the dump.
After rounding a corner, he came to a traffic checkpoint at the intersection of SH23 and Cogswell Road.
Working at the checkpoint was Barnes, who had parked a work truck in the right lane while the cones were in the left lane.
All trucks passing through the site had to come to a complete stop so the worker could move the road cones and there had to be a speed limit of 30 km/h.
Approaching the location at 58 km/h, Stacy was unable to stop and crashed into Barnes who was moving the cones. He died on the spot.
After a mechanical inspection, multiple problems were found with the braking system, including the brakes not working effectively and mechanical connections that were visibly worn.
The brakes were found to be a “contributing factor” in the crash.
'Enormous remorse'
Stacy's attorney Glen Prentice told Judge Marshall that his client felt a “tremendous amount of remorse,” which would have been evident at the restorative justice conference and in court.
“He carries the weight of knowing that his actions caused the loss of a beloved father, grandfather and husband.
“He also appreciates that no punishment will hold him responsible for this extraordinary loss.”
Prentice described it as an “unusual case” given the brake failure aspect, but he had decided to plead guilty to the charge due to the speed aspect.
“This is not just a situation where a truck driver is speeding and being careless in wet conditions,” he said.
He noted that there was “reasonably strong evidence” indicating that Stacy's truck was traveling at 22 mph just before the checkpoint, which was not much different from a truck traveling just in front of it at 17 mph. you.
The truck was able to come to a safe stop.
“The brakes, in my opinion, must have been a major factor in this crash.”
He urged the judge not to impose an electronically monitored sentence so Stacy could continue working.
“It's what he knows.”
Judge Marshall acknowledged the whānau's “devastating loss” and agreed to discontinue an electronically monitored sentence.
In addition to being sentenced to 250 hours of community service, nine months of supervision, $5,000 in compensation for emotional harm and disqualified from driving for 12 months, Stacy was also ordered to complete the Right Track program.
Judge Marshall said it was a tough yet 'life-changing' program that he would not only find valuable but would also provide first-hand insight to other attendees.
By Belinda Feek, reporter for Open Justice