Tragedy on Victoria Ave: A Preventable Death and a Plea for Accountability

On a fateful night in May 2024, a construction truck that had been repeatedly flagged as unsafe by authorities rolled out of control on Victoria Ave in Remuera, killing a road worker and leaving a family in devastation. Now, the truck’s owner, Ashik Ali, has pleaded guilty to manslaughter, marking a tragic end to a long history of flagrant non-compliance with safety regulations.

A History of Repeated Warnings

For over six years, the Isuzu CXZ 72J truck, which was involved in the fatal accident, had been flagged as unroadworthy. As early as January 2018, a vehicle safety officer noted that the truck was in poor condition and should not have been on the road. Despite this, the truck continued to be used by Ashik Transport, the company run by Ali.

In May 2019, an inspection confirmed that the brakes were dangerous and the vehicle should not have been operating. The New Zealand Transport Agency had raised concerns with Ali about his fleet’s lack of maintenance and failure to pay road user fees. A 2020 inspection of the entire fleet confirmed these concerns, and Ali was ordered to obtain certificates of fitness every three months.

Despite these repeated warnings, the truck was found in a dire state in 2021. It had serious safety defects, including a cracked wheel, leaking oil, and a non-functional stop light. The vehicle was placed under a “pink sticker” ban, which prohibits the operation of unsafe vehicles on public roads. However, Ali unlawfully removed the sticker and continued to use the truck, even after it had been unregistered for two years.

The Tragic Incident

On the night of May 8, 2024, Ali arrived at the Remuera worksite around 8pm after a 12-hour shift at another project. The truck, with a full payload of chip seal roading material, weighed over 20 tons. As work was just beginning, the truck suddenly lost control and began reversing at speed down the incline.

Johnathon Walters, a road worker, was about 40 metres downhill when the truck struck him. The left rear corner of the vehicle knocked him to the ground, and the truck’s dual rear wheels ran over his legs. As the vehicle continued reversing, it narrowly avoided other workers and their vehicles before finally coming to a stop after colliding with a tree, a lamp post, and a wall.

Ali fled the scene, driving the truck over 13km to his business premises in Papatoetoe. When informed of the accident, he instead drove himself to Middlemore Hospital for a minor injury, leaving Walters to be rushed to Auckland Hospital for life-saving surgery. Unfortunately, the injuries were too severe, and Walters died two days later.

A Sentencing Date Set

Ali now faces a potential life sentence after his guilty plea to manslaughter. Justice Rebecca Edwards has set a sentencing date for November, with the court expected to weigh the severity of the incident against the years of negligence that preceded it.

This case has sparked a broader conversation about the need for stricter enforcement of vehicle safety regulations and greater accountability for businesses that ignore these rules. The tragedy serves as a stark reminder that the cost of ignoring safety warnings can be devastating – not only for individuals, but for entire communities.