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The Star: November 09, 2023

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Latest Canterbury news at starnews.co.nz<br />

Thursday <strong>November</strong> 9 <strong>2023</strong> <strong>The</strong> <strong>Star</strong><br />

COURT 9<br />

allegedly encouraging street racing<br />

Jayden, Nicholl jnr and Clark<br />

were passengers in the Subaru,<br />

Hallaway said.<br />

<strong>The</strong> man driving the ute<br />

described the collision as<br />

happening very quickly and<br />

said he didn’t even have time to<br />

realise what was happening as<br />

the Subaru hit him.<br />

He estimated he would have<br />

been travelling about 65km/h as<br />

he was towing a trailer and was<br />

anticipating the lights turning<br />

orange at the intersection.<br />

<strong>The</strong> Crown alleged the Subaru<br />

would have been travelling well<br />

over 100km/hr as it rotated<br />

clockwise and crossed the<br />

centerline, into the path of the<br />

ute.<br />

<strong>The</strong> Crown also alleged that<br />

Nicholl snr, who was following<br />

the Subaru in a Holden, was<br />

aware of the crash that involved<br />

his sons, but continued driving<br />

home.<br />

After the collision, the driver<br />

of the ute checked his partner<br />

was okay and they both climbed<br />

out of the passenger door side,<br />

as the driver’s door could not be<br />

opened.<br />

Once the pair saw the severity<br />

of the crash, they began to check<br />

the four men in the Subaru, some<br />

of whom were unconscious or<br />

making groaning sounds.<br />

<strong>The</strong> woman described a scene<br />

of chaos as people began turning<br />

up to the crash scene, including<br />

some girls who she said began<br />

screaming once they saw the state<br />

of the men in the Subaru.<br />

<strong>The</strong> man managed to pull one<br />

person from the vehicle and<br />

waited with him on the side of<br />

the road as emergency services<br />

began arriving.<br />

<strong>The</strong> man said he only had<br />

minor injuries such as bruising,<br />

while the woman required<br />

surgery and suffered whiplash, a<br />

concussion, scarring to the back<br />

of her eye and distorted hearing<br />

in her left ear.<br />

Nicholl jnr and Clark died<br />

at the scene while Shanan and<br />

Jayden were transported to the<br />

hospital.<br />

<strong>The</strong> Crown says that because<br />

Nicholl snr was participating in<br />

street racing and encouraging<br />

TRIAL: Mark Nicholl snr is on trial at the district court for<br />

his alleged involvement in the double fatal crash that killed<br />

his son Mark Nicholl jnr (left) on September 25, 2021.<br />

PHOTO: GEORGE HEARD/NZ HERALD<br />

Shanan to drive dangerously by<br />

lurching forward in his own car,<br />

the jury can be sure he is guilty of<br />

the charges he faces.<br />

However, defence counsel Jessica<br />

Campbell told the jury he<br />

denies encouraging such behaviour<br />

and is not responsible for the<br />

crash. He was “open and honest”<br />

with police, and the jury can be<br />

satisfied he is not guilty<br />

of the charges.<br />

<strong>The</strong> trial before a jury and<br />

Judge Gerard Lynch continues.<br />

• Victim jailed, accused walks<br />

free, page 12<br />

This report was produced<br />

by Open Justice – Te Pātītī,<br />

a Public Interest Journalism<br />

initiative funded by NZ on Air<br />

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