Judge David McNaughton permanently suppressed the Auckland man’s identity to protect his grieving whānau from a repeat of the “abusive, unwarranted social media responses” that arose in the wake of the boy’s death.
Last year, the man was riding on his dirt bike off-road and doing wheelies while his young son trailed behind on foot, the court heard.
At some point, he scooped up his son and placed the boy between him and the handlebars and continued to ride around.
But the bike fell into a hidden ditch and both the boy and his father were thrown off the motorcycle.
The dirt bike landed on top of the boy who died soon after.
The father later told the police that he had only taken his son for a ride because the child was chasing him around and wanted a turn.
He panicked, lost control of the bike, freaked out and “it was all too fast”, the summary said.
Family violence followed
A few months on from the tragic accident, an argument started between the man and his partner over some texts on her phone.
The agreed summary of facts said he lost his temper and began kicking his partner and grabbing her by the collar, leaving her with a scratch on her neck.
Then, a couple of weeks later, the man was arrested for a breach of bail when he became agitated, defiant and managed to escape into the backyard.
A female police officer attempted to grab him and, when he pushed her hand away, she pepper-sprayed him.
This enraged the man even more, and he became violent, ripping a fence post out of the ground and throwing it.
He then turned to a male police officer, punching him in the head.
The officer fell to the ground unconscious and, at the time the summary of facts was written, was still undergoing treatment and scans to check for a head injury.
A ‘disastrous decision’
In court, the man’s lawyer, Frances Chalmers, said her client’s childhood showed deprivation on “every level”.
Child, Youth and Family records of callouts to his family home showed concerns about neglect, overcrowding, and an environment of drugs, alcohol and family violence.
He left school at a young age and was drinking, smoking and became involved in youth crime as a teen.
Judge McNaughton said he and the Crown agreed that the man’s significantly disadvantaged background and interrupted schooling were “contributing factors” in the “disastrous decision” to take his son on the fatal dirt bike ride.
Social media abuse
The judge referred to a Corrections report, which said a probation officer had difficulty interviewing the man about the death of his son.
The grieving father did not want to talk about his loss but told the probation officer his family violence charges arose out of his suffering.
The man was incredibly angry and unable to control his emotions but was beginning to find positive coping mechanisms for his behaviour, the report stated.
The judge read the man’s written arguments for permanent name suppression.
The man said that hearing the initial news reports of his son’s death made him angry and distressed, which was made worse by his difficulties with reading and writing.
He described himself as constantly anxious, suffering from flashbacks of the fatal accident and said publication of his name could “take a toll on his life” or cause him to lash out violently again.
A psychology report said the man displayed “volatility” when accused of causing his son’s death, and if named, would probably also feel blamed for it.
Information to the court from the man’s sister recalled that immediately after the boy’s death, there was a “really bad” onslaught of social media comments and gossip.
The family were able to get negative comments and posts taken down, but publication of the man’s name was going to be “very difficult” for him and his whānau, she said.
Despite public interest around the perils of dirt bike riding, the judge said identifying the man and, subsequently, his family, would cause them “undue” hardship.
He found the public interest was outweighed by the private interests of the grieving whānau and suppressed their identities permanently.
The judge then took into account the man’s remorse, cognitive issues and rehabilitative efforts before sentencing him to five months’ home detention.
Ella Scott-Fleming has been a journalist for three years and previously worked at the Otago Daily Times, Gore Ensign and Metro Magazine. She has an interest in court and general reporting. She’s based in Auckland, covering justice-related stories.