The family of a cyclist killed in a collision with a truck in a cycle lane say they are haunted by the thought he knew what was coming.
Auckland cyclist Warrick Jones, 50, was killed while cycling in Belmont, on Auckland’s North Shore, when he collided with a truck at the intersection of Lake Rd and Montgomery Ave in March 2021.
He was remembered as someone who worked hard as a triathlete but always put his wife and children first.
Truck driver Simei Mose, 34, was discharged without conviction at Manukau District Court on Friday.
Mose faced a charge of careless use of a motor vehicle causing death, which had a maximum penalty of 3 months imprisonment or a $4500 fine.
While leaving court, Mose told the Herald the decision was “in god’s plan”.
Mose had previously pleaded guilty to the charge.
Simei Mose leaves Manukau District Court after he was discharged without conviction on charges relating to a crash in 2021. Photo / Sylvie Whinray
On Tuesday, March 9, 2021, Jones was travelling in the cycle lane just after 1pm when the fatal collision occurred.
Mose was working as a truck driver at the time and failed to notice Jones as he approached the intersection and turned left on Montgomery Ave at speed.
Mose stated he indicated to turn left and checked his rear-view mirror twice before turning.
Jones attempted to avoid the oncoming truck by braking heavily, which caused the back wheel of the bicycle to lock up.
His bike began to skid, and as the truck collided with him, he was thrown off his bike.
Jones became partially stuck under the rear wheels of the truck, and he died as a result of his injuries at the scene.
North Harbour Triathlon Club member Warrick Jones, 50, was killed while cycling in Belmont. Photo / Supplied
‘Seeing their worlds implode’
A victim statement by Jones’ wife said she was in a relationship with Jones for 23 years.
Following the incident, she said telling her three children of their father’s death was traumatic.
“It was so traumatic seeing their worlds implode,” her statement read.
The statement shared the grief she felt knowing her children would never get to have an adult relationship with their father.
She said she never imagined the moment she waved her husband goodbye would be the very last.
Her statement, read by Judge Clare Bennett, said she was working from home on the afternoon of the accident, and her colleagues online mentioned hearing about the crash.
She said she had a bad gut feeling straight away.
North Harbour Triathlon Club member Warrick Jones, 50, was killed while cycling in Belmont. Photo / Supplied
Her statement said the sound of the police boots at her doorstep still haunted her.
Family statements said they hoped Mose could move forward from this tragedy and declined reparation.
The judge acknowledged the Jones family for their gracious forgiving attitude throughout the entire process.
Some of the factors influencing the decision included that he was willing to participate in restorative justice, he accepted responsibility and the delay in sentencing.
Bennett said he had no previous convictions.
Jones was a prominent member of the North Harbour Triathlon Club.
Club president Alex Waite previously said he was a “lovely guy”.
“He’s been at the club for the last few years and is just a lovely guy; always has a really positive attitude and a hard worker,” Waite told the Herald in 2021.
“He’s fantastic. I can’t speak any higher of him.
“But his family came first. Put it this way - a lot of us like to train a lot. But he would regularly reschedule his training to spend time with his family,” Waite said.
Waite said Jones had worked as a cabin crew member for Air New Zealand.
Jones had completed a number of Ironman triathlon competitions, finishing the 2020 Ironman New Zealand in 10 hours and 50 minutes.
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