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Mytchall Bransgrove/Stuff
Don and Dorothy McCabe at the Waimate Advertiser publishing company in 2012.
Don McCabe went out to get his favourite whitebait sandwiches for dinner, but the 85-year-old never returned.
He died from injuries sustained after being knocked off his mobility scooter by a car, leaving his widow with “a hole in her heart that can never be filled”.
“Don was doing what he loves, driving down to the Royal (Tavern) on his scooter to get dinner for us, whitebait sandwiches, his favourite,” the Timaru District Court heard on Thursday.
The victim impact statement of his widow, Dorothy McCabe, was read out in court by Waimate-based police officer, Sergeant Simon Innes.
“Little did I know I would only see him two more times in my life, two more times to talk to the love of my life, my soulmate, my best friend; two more times hearing him telling me how much he loved me.
“The hole in my heart can never be filled. It is broken, shattered into pieces.”
The statement was read as Deborah Lee Anne Drummond, 54, of Waimate, stood in the dock for sentencing by Judge Campbell Savage on a charge of careless use of a motor vehicle causing death.
Don McCabe’s scooter was struck by Drummond’s vehicle at the intersection of Harris and Manse streets on January 16, 2023.
McCabe was well-known as the last of the old small town newspaper men, having retired in 2012 from the Waimate Advertiser, the business he owned and operated in the South Canterbury town for 42 years.
Dorothy McCabe’s statement went on to say “my children worry about me … I’ve had a lot of falls since Don died.
“I’ve lost my independence … I don’t like leaving the house and have lost my confidence in driving.
“I often find myself in tears as I’m still waiting for him to walk through the door.
“Little did I know how my life would change forever.
“Life is incredibly empty, I go to bed alone, I wake up alone … the rest of our lives were taken away in a flash … the hurt will never go away.
“I have never been able to make sense of this … the things that we are missing together, the Christmas evenings, the outings, meetings, gardening and even chores.”
Judge Savage acknowledged that loss, telling Dorothy McCabe “I grieve for you, too”.
Mytchall Bransgrove/Stuff
Don McCabe with a 1969 Chandler and Price web offset printing machine at the Waimate Advertiser in 2012.
“Today, I know, is going to be an unsatisfying experience for you, nothing that I do or say can do anything to minimise the grief you experience.
“Your loss can’t be quantified.”
Lawyer Kelly Beazley said Drummond regretted that the Restorative Justice had not been possible as she had wished to speak to the family and apologise in her own way.
Judge Savage said there were no winners in sentencing equations like this, and the loss suffered could never be replaced.
“My task is to keep at the forefront your culpability. Sometimes momentary inattention can lead to a catastrophic event and that is what happened on this occasion.”
Judge Savage said his sentencing was guided by the High Court in cases of momentary inattention that had led to similar events.
The judge said the High Court had ruled that the appropriate sentencing level was 200 hours’ community work when death had occurred by momentary inattention by normally prudent drivers.
“I know that is a potentially meek acknowledgement of the passing of Mr McCabe.”
Drummond was sentenced to 200 hours’ community work, six months’ supervision and disqualified from driving for eight months. She was also ordered to pay a $1000 donation to the Cancer Society.
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