Bell was walking along Whatawhata Rd when Barnett’s out-of-control car went through an intersection, crashing into a ute before ploughing into the pedestrian and killing him. The driver of the ute was also injured.
Barnett was charged and unsuccessfully defended charges of dangerous driving causing Bell’s death, and injury to motorist Jeffrey Dawson.
During a three-day trial, the Crown argued Barnett, who had a history of suffering from seizure-type events, shouldn’t have been driving that day.
Judge Arthur Tompkins found him guilty after failing to accept Barnett’s evidence the seizures only occurred at night or when he was anxious.
Today, Barnett reappeared in the Hamilton District Court where several of Bell’s distraught family read out their victim impact statements.
The crash happened at the intersection of Whatawhata Rd and Poaka Ave in Hamilton in 2021. Photo / Belinda Feek
‘He never came home’
Bell’s sister, Manawa Bell, said her brother was deeply loved, and shared a close bond with his other sister, Fiona – they were a year apart in age.
The pair grew up side by side in life, and on the morning he died, before he went out the door, Bell told her he would be back to celebrate her birthday.
“Before leaving, he said, ‘see you soon, sis, we will go to dinner for your birthday when I get back’.
“But he never came home.”
Bell said whānau gatherings were no longer the same without Adrian, who was known for his athletic ability, kind heart and love of heavy metal music.
However, she said she “did not stand here before the court asking for vengeance”.
She instead hoped the court would understand how much her brother was loved and the depth of their loss.
‘Shunted through iron gates’
At trial, Barnett said he had “blacked out” on the day of the collision as he drove down Poaka Ave, nearing the intersection with Whatawhata Rd.
He went through the stop sign, crashed into Dawson’s ute then drove up on the kerb, where he struck Bell, who was walking along the footpath, shunting him through the iron gates of a nearby property.
Bell was thrown into a garden. Barnett’s Volkswagen then crashed into the back of two parked cars, which were pushed into the property’s house, causing damage.
Bell died at the scene, while Barnett and Dawson suffered minor injuries.
Barnett’s driver’s licence has since been medically revoked.
‘The seizures were persistent and recurrent’
Crown solicitor Lexie Glaser pushed for Barnett to receive a prison sentence, arguing there were three aggravating features, with the main one being that he knowingly continued to drive despite suffering a medical condition.
That, together with the fact he’d been experiencing the seizures for five years before the crash and three days prior sought medical advice amid concerns his lack of sleep would result in him suffering a seizure, led to “catastrophic harm”.
“These were not isolated or unexpected. They were persistent and recurrent.”
He also filled out applications for his restricted and then full driver’s licences, without declaring the seizures.
‘It was just one epileptic fit’
Mark Jepson, counsel for Barnett, said his client hadn’t driven since the crash.
As for sentencing, he argued there weren’t any additional factors present, other than knowingly continuing to drive, which was inherent in the charge.
He said Barnett’s driving was “one piece of driving of a single event, where he has suffered an epileptic fit or seizure”.
Kyle Sean Barnett leaves the Hamilton District Court in April. Photo / Belinda Feek
“It is one aggravating feature,” adding that it didn’t include speed, alcohol or drugs.
He urged the judge to take a starting point of three years’ jail and pushed for discounts totalling 50%, to include remorse, youth, previous good character, $2000 reparation and the contents of a mental health report.
‘It has had a significant effect on Barnett’
Judge Tompkins noted that after the crash, Barnett had been diagnosed with epilepsy.
He said while there was some strength to Jepson’s submission around aggravating features, that was outweighed by Barnett’s five-year-long driving with a known medical condition.
He then took a starting point of four years’ jail before assessing the various discounts and the views of the victims.
“It is, however, a particularly commendable aspect of the victim impact statements, whānau confirm that they are not at court today, seeking vengeance.
“That in itself is particularly laudable.”
Judge Tompkins said the discounts being sought by the defendant were appropriate; he had no previous convictions, was still relatively young, and the aftermath of the crash had had a “significant effect on the defendant and his partner”.
He then got down to two years’ jail, and as home detention was recommended in a pre-sentence report, together with the whānau not seeking vengeance, he agreed to convert that to 12 months’ home detention.
The judge also disqualified Barnett from driving for three years and ordered emotional harm to Bell’s mother of $2000.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 11 years and has been a journalist for 22.