Driver jailed but walks free amid appeal (Update)

Tracey Pitt was today jailed for three months, but bailed pending the outcome of her appeal.

The 51-year-old was found guilty last week of injuring twin brothers Rudolph and Randolph Smith by driving recklessly.

Pitt, the assistant Auditor General, ran over and dragged the 36-year-old brothers down Woodlands Road for 13 metres in the early hours of January 29, 2012.

The brothers were walking home after a night out in Hamilton.

Neither remembers what happened after they walked past BAA and both woke up in hospital.

Rudolph suffered less serious injuries including fractures while Randolph was in a coma for nine weeks and remained in hospital for an additional 64 days.

Pitt apologised for causing the injuries to the twins, but maintained she wasn’t impaired and didn't drive recklessly.

Sentencing her today, Acting Puisne Judge Juan Wolffe said a custodial sentence was “warranted and essential” in this case.

“Reckless driving cases should be considered serious, especially if there is an injury as a result of the defendant’s reckless driving.

But Mr Wolffe said this wasn’t a case where there was evidence that the defendant was “meandering” or crossing the yellow line. 

“It can be concluded that intoxication did not play a part in the defendant’s reckless driving, therefore should be a part of my sentence”, he added.

Mr Wolffe also said that in his view, the level of the defendant’s culpability is low.

He said that he feels that she has shown “sincere, genuine remorse”.

Pitt was sentenced to three months in prison for each count of causing injury by reckless driving.

She was also sentenced to three month for failing to comply with a demand for breath. The sentences will run concurrent.

In addition, Pitt was given an 18-month driving ban and eight demerit points.

After delivering his sentence, Pitt’s lawyer Victoria Pearman applied for bail pending the outcome of her appeal.

“It would be preferable in the interest of justice to err on the side of granting bail today in the view that Ms Pitt’s appeal is successful.

“If her appeal is unsuccessful, then we have lost nothing.

“If the appeal is successful, that will avoid us of being in the dreadful position of her having served time for an offense that she’s acquitted.”

Mr Wolffe agreed with Ms Pearman and granted Pitt bail in the amount of $20,000.

She must surrender her travel documents and report to the Hamilton Police Station on Mondays and Fridays.