A kiss and a hug from his victim’s widow helped drunk driver Phillip Kirkwood Hamilton avoid jail for killing a cyclist, the Christchurch  Press reported today.

FORGIVING: Andrea Krueger leaves court after she had comforted the driver who was drunk when he drove into her husband who was cycling home last year.

After reading a heart-rending victim impact statement to the Christchurch District Court, widow Andrea Krueger kissed and hugged the forlorn looking Hamilton standing in the dock.

Hamilton had admitted careless driving causing the death of Jens Richardon, 34, who was cycling home on a rural Canterbury road last August.

Judge Philip Moran, who described Krueger’s reading of the statement as a “feat of great courage”, said he was “moved a great deal by the act of forgiveness I have just witnessed”.

He was also persuaded by Hamilton’s remorse and previous record to stop short of jailing him.

He sentenced Hamilton to 12 months home detention on the careless driving charge and another count of failing to stop to ascertain injury after the accident. Hamilton was disqualified from driving for three years but no reparation was ordered because of his financial position.

After the sentencing, Krueger said she had not wanted a stiff punishment for Hamilton, but merely “peace within myself”.

She had not planned to make a public gesture to Hamilton, but felt sorry for him.

“I saw him standing there looking so emotional,” said Krueger, who was overcome with tears several times as she read the impact report.

She still had moments of anger and had been surprised she had not had a note of apology from Hamilton.

The lack of reparation had surprised her because in her birthplace, Germany, reparation was obligatory regardless of one’s finances.

Reading her statement to the court, Krueger said she felt pity for Hamilton but also angry about people’s attitude to drink driving.

“The impact of Jens’ death upon me is huge, still immense, unbearable … Jens was the center of my world. It’s cold, gray and uncomfortable in this world since last August.”

She now had trouble sleeping, getting motivated to work and seeing the end of her suffering. She no longer went to church and could not get rid of this “killing, burning, stabbing, tormenting, heavy pain”.

She received no widow’s benefit because she had not been in New Zealand long enough. She had only just started work again.

Hamilton, in a 1995 BMW, hit Richardon from behind about 7.30pm on August 6 as Richardon was cycling home on the Springston-Leeston road.

He stopped his car but did not get out and did not alert emergency services. He had been drinking beer since 2.30pm that day and had consumed 10 “pints of Steinlager” at the Rock Restaurant and Bar in Rolleston before staff refused to serve him about 6.30pm. He was seen staggering as he left the pub. He and his brother then went and bought more alcohol.

// Hamilton hit Richardon about 1.5 kilometres from his home on a straight piece of road. The victim was wearing a reflective jacket, a cycle helmet and had a flashing rear tail light. Police were able to trace Hamilton quickly because his front number plate was torn off in the collision and left at the accident scene. He told police he had panicked because he had been drinking and his car’s warrant of fitness had expired.

An evidential breath alcohol test taken after 11pm returned a reading of 661 micrograms per litre of breath. The legal limit is 400mcg a litre.

Richardon and Krueger, 54, who were married in Leeston in 2005, are German but had New Zealand residency.

The judge said he had no doubt Hamilton’s carelessness was influenced by alcohol.

The offending was aggravated by the degree of intoxication, the high degree of carelessness, the failure to stop and the profound and enduring impact on the widow.

Hamilton had lost his job at a brewery and a house he shared with his brother and sister-in-law had to be sold.

“You are clearly remorseful and mortified by what you have done,” he said.

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