By Shannon Pitman, Open Justice multimedia journalist of 
Aperahama Rewiti died when the car he was a passenger in hit a tree in Whangārei last year. Photo: Open Justice
Rameka Rewiti, 21, performed a burnout in front of police before speeding off and crashing into a tree in May last year.
His brother Aperahama Rewiti was in the passenger seat of the vehicle and died instantly.
Yesterday, Rameka was in the Whangārei District Court yesterday to be sentenced on one charge of dangerous driving causing Aperahama's death.
Defence lawyer Hugh Leabourn said Rameka was deeply remorseful and would trade positions with his brother in a heartbeat.
"This is an absolute tragedy," Leabourn said.
He submitted that Rameka had become withdrawn following the 23 May crash last year and carried the weight of guilt daily.
"It's the effect on his brother, whom he was extremely close to, the effect on his fellow siblings and more importantly, on his mother, who's in this awful dilemma of losing one child and is in the courtroom today with the expectation she may lose another," Leabourn said.
"I don't think he's even come close to the grieving process yet."
The court heard that the brothers had been out drinking on the evening of the crash when, about 12.30am, Rameka made the call to drive home.
He was parked near Whangārei's Grand Hotel, where police were also present due to a reported incident.
Rameka, who was 20 at the time, got behind the wheel and performed a burnout in front of the officers.
He then sped off, with his brother in the passenger seat, and drove through the inner city, reaching speeds of up to 120km/h in wet road conditions.
Rameka continued to travel at speed for 1.5km along Bank St before losing control as he went through an intersection.
He crashed into a tree, killing his brother.
Subsequent blood tests revealed Ramkea had a level of 140mg of alcohol per 100ml of blood in his system. In New Zealand, the legal blood alcohol limit for drivers aged 20 and over is 50mg of alcohol per 100ml of blood.
The court heard he had also taken the drug MDMA earlier that day.
At sentencing, Crown lawyer Eilish O'Connor submitted that although the distance Rameka travelled was short, his dangerous driving was prolonged, which Judge Gus Andree Wiltens disagreed with.
"It's not very far, at 100 kilometres per hour," the judge said.
"If he's doing 100, it would take him 1 minute to get a kilometre along the road."
O'Connor said there was also an element of premeditation involved, given he knew he was intoxicated and chose to drive poorly in full view of police.
"The Crown's point is, he shouldn't have been in the vehicle in the first place," O'Connor submitted.
In Rameka's defence, Leabourn said his client's life had gone off the rails when he was 13, after the sudden death of his father.
At the time of the crash, his drinking was "not healthy", Leabourn said.
"At the delicate age of 13, a hard time to lose your father, outside influences began to have a greater impact on him and that's reflected in the very tragic circumstances we have before the court.
"This is a classic example of an absolutely appalling decision being made by a very young person. That impact is going to have a very dramatic impact on him for the rest of his life."
Leabourn said Rameka struggled with memory loss from the crash, yet there was no medical evidence to support this.
Judge Andree Wiltens said the aggravating factors of the case included the use of drugs and alcohol, and elements of showing off.
"You did a burnout for some 10-12 seconds, then you sped off at 100 to 120km/h," the judge said.
"At the time, you were conscious of the fact your younger brother was half hanging out the window."
He described Rameka's actions as "showing off, and frankly, just being stupid".
Judge Andree Wiltens said Rameka's decision was appalling and had equally appalling consequences, resulting in a tragedy for him and his whānau.
"The consequences are with you for the rest of your life, you have to live with that."
Judge Andree Wiltens commended the support of Rameka's whānau and sentenced him to 12 months' home detention.
* This story originally appeared in the New Zealand Herald.
