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More than two years after Damon Clark’s body was found on the side of the road next to a waterfall in the Brynderwyn Hills, his mother has described the enduring grief she lives with after losing her son in the hit and run.

“Every morning when I wake, I hope it was a dream, but no, I don’t have my son,” she told the Whangārei District Court this week.

“For two years you have been able to live your life as normal ... I was left grieving a son, coming to terms with the fact I will never see him again, never be able to hug him and have to live the rest of my life being unable to share all the things a mother should share with a son.”

Clark’s mother was speaking to Craig Smith at his sentencing for careless driving causing the death of her son.

Craig Smith was driving along State Highway 1 by Brynderwyn Hills when he fatally struck Damon Clark in September 2022. Composite Photo / ��һ�ǿ�����

She said all she had left was a phone message from Clark she had saved.

It said: “Hi mum, Happy Mother’s Day. I love you.”

“He will never get to say that to me again.”

The court heard Clark, 30, was visiting the “wishing well” waterfall on the south side of the Northland hills when he was hit by a car being driven by Smith on September 2, 2022.

Craig Smith appeared for sentencing in the Whangārei District Court for careless driving causing the death of Damon Clark. Photo / ��һ�ǿ�����

After the collision, Smith drove off, leaving Clark on the side of the road where he died. His body was found the following morning.

Family members described him as a quiet, kind, caring soul and said his death has had a profound impact on many.

He was a keen golfer with a low single handicap, a fisherman and had worked as a greenkeeper across multiple sites.

An exhausting process for justice

Clark’s family were gathered in court to see Smith sentenced and to share the impact of their loss, and the exhausting process they have endured to bring him to justice.

Through their victim impact statements, they spoke about the strain the lengthy proceedings had put on them.

Smith was not charged in relation to Clark’s death until 2023 and then entered a not-guilty plea.

This was followed by multiple court dates which family members travelled from as far as Australia to attend.

Then when a judge-alone trial was due to start in September last year, Clark changed his plea to guilty.

Following that, a restorative justice conference was set down only to be cancelled, leading the family to feel let down by the justice system.

Clark’s aunty told Smith that the children in their family had been raised to know “If you do it, own it or don’t do it.”

“Not coming forward, then pleading not guilty, then changing the plea has added a lot of additional stress,” she said.

“Then restorative justice being cancelled it is hard not to feel like you have no accountability, remorse or compassion for our family.”

Clark’s brother and mother said they used all their annual leave to take time off work to attend court hearings, and communication about the case had been poor.

“No one communicated with us restorative justice was not going ahead until I enquired with the police,” Clark’s brother said.

“This was a huge letdown and has left me disillusioned with the systems that should work to support and protect victims.

“I do not believe this process has been victim-centric ... There is no justice in this process.”

The fatal hit and run

On the day of the crash, Smith arrived at McLeod’s Pizza Barn in Waipu around 5.30pm and consumed up to five beers.

He left around 8.30pm and travelled south on State Highway 1 towards his home in Warkworth.

Smith had only slept for three hours the night before and later told police he worked up to 70 hours a week.

That evening, Clark had borrowed a friend’s car to go to the waterfall. He parked at a nearby layby and walked to the spot shortly after 8.30pm.

The waterfall on the side of the road of Brynderwyn Hills where Damon Clark was hit by a car. Photo / ��һ�ǿ�����

As Smith drove along the 50km/h road and around a bend, he came off the side of the road and hit Clark who was standing at the waterfall’s base.

Smith’s car then hit a rock bank on the other side of the waterfall. He manoeuvred his way out and drove off.

As Smith continued driving, he hit a road sign and then at the base of the hills, he pulled over and called a tow truck.

Clark’s body was found the next morning by two people who stopped to fill up a water bottle.

In court, Smith’s lawyer John Moroney submitted his client had only two beers that evening.

But Judge Philip Rzepecky rejected this, pointing out he had pleaded guilty to having “four or five”.

Moroney then said there was no suggestion Smith was drunk driving, which upset Clark’s family members in court.

“You wouldn’t know,” one called from the public gallery.

Judge Rzepecky said the serious crash unit had determined the crash was caused by fatigue and acknowledged Smith, who has previous convictions for careless driving and excess breath alcohol, was of good character.

“It’s always the case; you did not mean to cause the accident, often it is only an unintended and temporary lapse,” Judge Rzepecky said.

He sentenced Smith to 280 hours of community work, disqualified him from driving for 18 months, and ordered him to pay $5000 in emotional harm reparation.

Smith submitted a letter of remorse at the sentencing which granted him a 5% discount however a family member told ��һ�ǿ����� it was provided too late and did not assist the family with any healing.

They were also disappointed Smith was awarded a 5% discount for being a community member involved with the local Coast Guard.

Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined ��һ�ǿ����� in 2023.