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Manslaughter of 83 year old Norman Luscombe on State Highway 3, Taranaki in January 2008
Had just been bailed from police custody and was driving under the influence of cannabis, methadone and Lorazepam
Forty previous convictions including four drink driving offences, driving while disqualified and driving while not holding a driver's licence
Norman Luscombe
.
none known
Born 1970
Prison
Sentenced to 6 years and disqualified from driving for 5 years in March 2009
Background
Otago Daily Times story here
Also this from the Daily News
A HIGH COURT judge has questioned how a drug-affected addict was released from police custody an hour before he killed a pensioner in a head-on crash last year. Justice Rhys Harrison says it "must have been obvious" to police that Peter Richard Drinnan's condition was "poor" before they bailed him. The judge's comments came in the High Court at New Plymouth yesterday during Drinnan's sentencing for the manslaughter of 83-year-old Norman Philip Luscombe.
Drinnan, 39, was jailed yesterday for six years. Mr Luscombe died in February, 2008, after choosing to have his life support switched off because the crash had left him a tetraplegic. His death came several days after his car was struck by Drinnan, who had crossed the centre line between Normanby and Eltham in his panic to get to New Plymouth for his daily dose of methadone.
Blood tests taken from Drinnan found he was under the influence of cannabis, methadone and the prescription drug Lorazepam, which he had stolen from his brother, at the time of the crash. His release from police custody after he admitted being under the influence of drugs is now subject to an internal investigation. Police will not comment until the investigation has been completed. Justice Harrison said it was important for the families involved in this case that the investigation was resolved quickly.
Members of Mr Luscombe's family sat within a few body lengths of Drinnan's family, including his mother, partner and children at yesterday's sentencing. Details of Drinnan's horrendous driving leading up to the crash were relayed to them, including times he went off the road and swerved on the grass verge for 100m, instances of him crossing the centre line, weaving through traffic and crashing on the Normanby overbridge.
Mr Luscombe's son, Philip, said the family did not want to apportion blame towards police for letting Drinnan go, rather they hoped a similar scenario would be avoided in future. He said the family was not concerned at the length of time police were taking to conclude their investigation, which was launched in the middle of 2008. "We don't mind waiting a year but I think the family, and it would be very much what dad would want, is that lessons are learnt to avoid it happening again. We do think lessons are there to be learnt and we look forward to the outcome of the investigation."
Mr Luscombe believed there needed to be further investigation into long- term methadone users and their ability to drive, a sentiment echoed by Justice Harrison who said he was shocked to learn Drinnan had been on the methadone programme for 14 years. The Luscombe family added they were pleased that the court proceedings were over and there could now be some closure on their father's death.
They describe their father as an active man who lived strictly to Christian values. An anecdote they were keen to share involved him driving weekly from Hawera to the house of his 95-year-old sister in Bell Block to take her to visit their 82-year-old sister in New Plymouth. In setting Drinnan's jail term, as well as adding a five-year driving disqualification, Justice Harrison noted that expert opinion of the defendant's drug consumption would have made him incapable of being fit to be behind the wheel.