Crash victim Kerry McDonald was not a man who held grudges, and if he had survived, his family believe he would have had strong words for the motorist who hit him - but ultimately, he would have shown kindness. 

It’s for that reason the 64-year-old’s family has now chosen to support a discharge without conviction for Shiralee Collis, the 21-year-old who was charged with careless driving causing the Northland man’s death. 

The gesture not only moved Judge Greg Davis, but said the family’s choice to honour the kind of man McDonald was has restored his faith in human decency. 

“Very, very, very rarely do I get to see in the court a display of human kindness the way that I saw in here,” he said while sentencing the 21-year-old in the Whangārei District Court. 

She turned right into his path 

At 6.40am on January 28, 2026, McDonald was riding his motorbike towards Marsden Point on Port Marsden Highway when Collis pulled out of McCathie Rd, turning right into his path. 

Collis struck McDonald and he died en route to the hospital. 

The court heard neither speed, drugs nor alcohol were a factor and Collis told police she looked both ways but did not see McDonald approaching. 

Collis pleaded guilty at the earliest opportunity, and at her sentencingmembers of both families filled the public gallery and the jury box. 

McDonald had a large blended family, which included six children, 11 grandchildren, a great-grandchild, two dogs, and birds. 

The former search and rescue member split his life between work in Whangārei and home in the Bay of Islands. 

McDonald had spent nearly four decades at Marsden Point, first with the refinery before it closed in March 2022 and then working on the site redevelopment project for Channel Infrastructure. 

‘I will never get that time back’ 

Two of his daughters read victim impact statements detailing how his sudden death had left behind conversations they were never able to have. 

“Like many daughters and fathers, we had disagreements and I believed there would be a time for us to work through them,” Sydney McDonald said. 

“I thought we would have the chance to talk, to resolve things and to move forward. That chance was taken from me. Now I have to live with the reality that I will never get that time back.” 

Kim McDonald also expressed her grief of unanswered questions and raising a granddaughter who will never get the chance to know her papa. 

McDonald’s stepdaughter Tessa said McDonald was the heart of the family who brought stability, warmth and laughter to their lives. 

“As a family, children, stepchildren, and grandchildren, we are all grieving in our own ways. There are moments filled with tears and moments where we hold on to the memories he gave us. We miss his voice, his laughter, his guidance, and the way he made each of us feel valued and loved. Our lives will never be the same without him”. 

She said her family also wanted it known that McDonald was “not a man who held grudges”. 

“He was someone who believed in understanding and compassion. We truly believe that if he were here, he would he may have been upset, he may have had strong words, but ultimately he would have shown kindness.” 

At his service, Kerry McDonald was described as kind, respected, and generous with his time. 

Judge Greg Davis said the charity shown by the McDonalds was unlike anything he had ever seen in his career of nearly 16 years. 

“I’d like to blame my voice cracking up on having a bit of a flu. I don’t know that I can ... But when you read the generosity of human spirit that I saw in this report, my heart goes out to the McDonald family. When I see this, it fills your heart, well, it fills my heart, with hope.” 

Collis applied for a discharge without conviction, which members of the McDonald family supported openly. 

Kerry McDonald was a respected figure at Channel Infrastructure, having worked at Marsden Point for nearly 40 years. 

“The last thing we would ever want is for another family to experience further loss as a result of this tragedy. In the spirit of who Kerry was, a man of kindness, understanding, and forgiveness, our mother hopes that this connection can continue in a way that is grounded in care, respect, and humanity as both families find a way forward. 

“We hope that something meaningful can come from this tragedy, that it serves as a reminder of the responsibility we all carry when we are on the road,” Tessa said. 

Collis’ lawyer Arthur Fairley said he was deeply impressed with the family’s charity and explained Collis’ view of the accident. 

“There was a big hill on the McCathie Rd side, we all know that hill, with large trees on it and a line of trees and bamboo on the One Tree Point Rd side,” Fairley said pointing out the sun had not completely risen at the time. 

“Regardless of the lighting conditions at the time, he was there to be seen. I traverse that same intersection on my motorcycle as well, and whilst I’m often wary of what might happen, it is nevertheless, as unintentional as it was, it nevertheless was an offence. She failed to adequately ensure the way was clear before she turned out of One Tree Point Rd.” 

‘Momentary inattention’ 

Judge Davis said the consequences of conviction had to be weighed up against the nature of offending. 

“This is not dangerous driving where somebody, for example, decides to drive at 150k’s an hour,” Judge Davis said. 

“It’s not reckless driving where somebody’s driving at 150k’s per hour, sees a double yellow line, decides to overtake straight into the path of an oncoming vehicle. 

“This is often what’s described as that momentary inattention that perhaps everybody might have as a driver done in their time.” 

Judge Davis acknowledged Collis’ age and the impact a conviction would have on her career. 

“I just don’t see how the public will be deterred by a conviction in this case.” 

Collis was granted a discharge without conviction. 

Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.