In a car he was forbidden to drive, Daniel Rikiti ran over and killed a Rotorua man, shattering the lives of those who knew him.

Now, Rikiti has been jailed for three years.

But he isn’t behind bars.

Rikiti was sentenced by Judge Paul Geoghegan in the Rotorua District Court on Friday, after pleading guilty to a charge of reckless driving causing the death of Richard Martin on September 17, 2022.

As the prison guards were about to lead Rikiti away, his lawyer, Tim Braithwaite, told Judge Geoghegan he had instructions to appeal any prison sentence.

Judge Geoghegan allowed Rikiti to remain on continued bail — which he hadn’t breached since being charged — until his appeal was heard.

What Rikiti did

Martin, 59, had spent a night out with his partner, Tanya Anderson, and their best friends and was leaving the Rotorua Citizens’ Club about 2am.

He stepped out onto Arawa St and raised his hand to Rikitiki, who was travelling towards him. But Rikiti didn’t see him and didn’t slow down, hitting Martin and throwing his body about 15 metres.

Martin suffered several broken bones, spinal damage and brain damage. He died in Middlemore Hospital 13 days later.

Don’t send him to jail, son pleads

Rikiti found an unlikely supporter in Martin’s son, Samuel Martin, who told Judge Geoghegan while reading his victim impact statement he did not want Rikiti to go to jail.

He met with Rikiti the day before sentencing for a restorative justice meeting and told Judge Geoghegan he now understood Rikiti’s circumstances.

Richard Martin died after being hit by a car in Rotorua. Photo / Supplied

Samuel Martin said his father was a “loving man” and he knew he would want them to do right by his name.

“If there had been any ill intent in the death of my dad, I would have chosen a different path in justice.”

He said his mindset shifted after meeting Rikiti, understanding his situation with his whanau and hearing his remorse.

“I want him to move on with his family and make a positive impact in the community.

“I want to give Daniel the opportunity to be the best dad that he can be to his daughter.”

Tanya Anderson embraces a photo of her soulmate Richie Martin, who was killed after being hit by a car while crossing the road. Photo / Andrew Warner

Anderson also read her victim impact statement, supported by a friend and at times trembling and crying.

She said life was good and they had just enjoyed a great night out. She was walking eight to 10 metres in front of Martin as they crossed the road.

“We always did everything together, and I mean everything. We were described by many as being joined at the hip. The guilt I carry for not waiting and holding Richie’s hand and walking across the road together as we always do is immeasurable. I have replayed this over and over in my head.”

She said she was still unable to drive on Arawa St, where the accident happened.

When Rikiti struck Martin, she turned and saw Martin falling from a “great height”, lifeless onto the road.

“In the blink of an eye, my whole world shattered.”

She said he fought for his life in the following days, despite the bad prognosis..

“I know he didn’t want to die. He was so happy with life. But his body was broken.”

Martin opened his eyes to Anderson’s voice once, but her initial excitement “turned to terror” as the excitement sent him into cardiac arrest and hospital staff had to revive him.

“I’m calling out ‘Come on darling, come on’.”

She said one of Martin’s sons started saying the Lord’s Prayer while his other son performed a haka.

His heart started beating again, but the cardiac arrest caused further unsurvivable damage to his brain. Martin’s life support was eventually turned off.

“On the 23rd of September 2022, Richie took his last breath. The day he died, half of me died. It was a senseless death that could have been avoided.”

Other victim impact statements were read by friends and family members who described Martin as a “doer” and the “favourite friend“.

Judge sentences Rikiti to jail

Judge Geoghegan said prison was the only outcome for Rikiti.

He listed the aggravating features, including the fact Rikiti was driving a car previously ordered off the road.

Hours before hitting Martin, Rikiti had fought with his partner, who had further damaged Rikiti’s “pink stickered” car by smashing a golf club through the windscreen.

Police were called and issued an order for Rikiti and his partner not to have contact for three days.

Despite this, Rikiti went looking for his partner in Rotorua’s central business district.

Judge Geoghegan said Rikiti’s visibility was impacted by the smashed windscreen.

Among other aggravating factors was the “profound loss” of Martin to his whanau and friends.

Judge Geoghegan said Martin was vulnerable because he was a pedestrian and Rikiti was driving outside his restricted licence conditions.

He also noted Rikiti had two previous convictions for drink-driving, from 2013 and 2015, and one previous conviction for driving while suspended.

On the night, Rikiti had also been drinking alcohol — although he was recorded below the legal alcohol limit.

Judge Geoghegan agreed with Crown prosecutor Tayla Afoa that the starting point should be four years in prison.

He only gave a discount of 10% for his guilty plea because it came late, before he was to stand trial.

He gave a discount of 5% for remorse following Rikiti’s constructive restorative justice meeting with Samuel Martin.

Braithwaite asked Judge Geoghegan to stand back from a prison sentence as Rikiti had full-time care of his five-month-old daughter.

Braithwaite said Rikiti’s partner, the baby’s mother, was in prison and had serious mental health issues.

Judge Geoghegan wasn’t convinced it was enough to spare him a prison sentence and instead gave a 10% discount for the effects imprisonment would have on a dependent child, who would need to instead be cared for by Rikiti’s mother.

“Your child can be seen as another victim of this offending.”

That gave total discounts of 25% — or 12 months, making the end sentence three years’ imprisonment. Judge Geoghegan also disqualified Rikiti from driving for three years.

Braithwaite has lodged the appeal but a date for the hearing is yet to be set.