Richards died at the scene and Donaldson and the front-seat passenger survived.
Donaldson, 20, was found guilty, following a judge-alone trial, of careless driving causing death.
Judge John Bergseng said when delivering his decision last month, that there were indications Donaldson was driving fatigued – something he called a “flawed decision”, after four nights of partying, that led to “tragic consequences”.
Jasmine Donaldson was found guilty of careless driving causing the death of her friend, Jade Richards. Photo / Kelly Makiha
Donaldson – who, like Richards, was 18 at the time – denied she was fatigued.
Judge Bergseng said evidence suggested Richards was only wearing her lap belt and not the shoulder strap.
The three teens, who slept in tents at the festival, were together on New Year’s Day until about 2am, when they became separated.
The case examined the hours of sleep Donaldson would have had over the four days. A 3am text communication on New Year’s Day said she was in a “moshpit”.
They left Gisborne about 10.30am.
Judge Bergseng noted in his decision the defence challenged the timing of the 3am text, saying the message could have been delayed if the cellphone network was overloaded.
In a statement from Richards’ family, on behalf of her sister Taylah Richards, 25, parents Richard and Victoria Richards and the wider family, they said they had not been able to find out specifically what time Rhythm & Vines finished during the festival’s four nights.
Jade Richards, 18, died after the vehicle she was in rolled on SH30 on New Year’s Day. Photo / Supplied
“This lack of co-operation, alongside the defendant’s denial, has been harrowing for us.”
The family’s statement said they strongly believed organisers of large events like Rhythm & Vines needed to “take a hard look at themselves”.
“On that terrible day, three innocent kids left Gisborne after four days of partying, drinking, and little sleep … Fatigue was inevitable.”
Sisters Jade and Taylah Richards. Photo / Supplied
The family asked how many lives had been lost, injuries caused or close calls made from young people leaving this event too tired.
Their statement said that while the festival offered breath testing at the gate, there was no test for tiredness or fatigue.
Judge Bergseng noted in his decision “… there is no test that can be administered for tiredness. It is the individual driver’s responsibility to make this assessment”.
Rhythm & Vines
The Rotorua Daily Post asked Rhythm & Vines to provide the finishing times over the 2023/2024 festival. It has not provided an answer.
In response to the family statement, a festival spokesperson said: “Our thoughts remain with the family and loved ones of Jade Richards. We work closely with the authorities, including NZ Police and will continue to give help and assistance as needed.”
The statement said the festival grounds stayed open long after the show so attendees could rest before heading out.
“Alongside NZ Police, we share safe-driving reminders while local authorities run safety checkpoints, and anyone needing assistance is encouraged to reach out to staff onsite,” the spokesperson said.
Richards’ family said the loss of their daughter and sister had been incredibly painful, and enduring the court process was equally devastating.
“It greatly affected our grieving process.”
They said if Donaldson had shown remorse and accountability, they could have started grieving at the time she died.
”
They said the tragedy had taken so much more than Jade.
“It has stolen thousands of hours of our time, inflicted immense stress and sadness beyond comprehension, and left lasting physical and emotional scars on our family. Relationships have broken, health has suffered, and the damage can never be undone.”
The rock wall Jasmine Donaldson’s car struck near Ruato Bay in a crash that killed Jade Richards. Photo / Andrew Warner
A statement from Donaldson’s lawyer in response to Rotorua Daily Post questions said they did not wish to comment in detail given the judicial process was not completed.
Barrister Roderick Mulgan said: “I have been instructed to say that Jasmine has the profoundest regret for the accident and the effect on all concerned. It has affected her deeply.”
Mulgan said the legal position was that an accident did not necessarily imply that an error to the criminal standard occurred.
“Jasmine elected to defend herself and call internationally based expert evidence in her support. This is a routine response when a complex legal issue needs to be formally determined and does not indicate any disrespect for the grieving family and their loss.”
Donaldson will be sentenced on November 20. She has indicated she will seek a discharge without conviction.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.