Driver escapes drug convictions

• Published date: 04 May 2022
• Publication title: Whanganui Chronicle

John Vernon Ihaka was driving a van full of forestry workers on State Highway 4, Whanganui, about 1.20pm on September 21, 2019, when he fell asleep at the wheel

The van veered into the oncoming lane before smashing through a barrier on the opposite side of the road and crashing down the bank of the Whanganui River.

While the van, which was extensively damaged, stopped before hitting the water, Ihaka and two passengers required medical treatment for injuries and were taken to hospital.

One man received fractures to his foot which required surgery while another had a dislocated shoulder. Other passengers were shaken but not injured.

Ihaka told police at the scene he fell asleep due to tiredness from working long hours the previous week, then driving for several hours.

A blood sample taken at the hospital and analysed by ESR found Ihaka’s blood contained the Class A drug methamphetamine and tetrahydrocannibol (THC), the active ingredient in cannabis.

Another analysis determined there was no alcohol in Ihaka’s system.

Ihaka admitted he was in charge of the vehicle at the time of the crash, acknowledged two people were injured in the incident and accepted full responsibility for causing the accident due to fatigue.

However, at a defended hearing before Judge Ian Carter in the Whanganui District Court on July 1, 2021, Ihaka’s lawyer Blair Piper challenged whether the blood sample taken was correctly obtained under the Land...