Libby Francis McKay, 27, died in Christchurch Hospital on June 14, 2013, five days after she fell on Halswell Junction Rd in Hornby.
The partner of a woman who died after falling from a ute nine years ago has been re-interviewed by police, with no charges laid at this stage.
Libby Frances McKay, 27, died in Christchurch Hospital on June 14, 2013 – five days after apparently falling from a ute travelling on Halswell Junction Rd.
Her partner, Michael Brown, was driving when, as he said, she fell and suffered fatal head injuries. He told police he did not push her from the ute. He later moved to Australia.
The initial investigation found no evidence to lay charges. In 2019, police conducted a second review of the case, which included re-interviews of witnesses and consultation with experts.
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Stuff understands Brown recently returned to New Zealand and that police interviewed him again about McKay’s death.
It is understood he is not facing any charges at this stage.
McKay’s mother, Pauline Webby, declined to comment.
The second review was launched after Webby spent more than $20,000 to commission an Australian-based company to carry out its own analysis of the crash as she was not satisfied with the police investigation.
She said the results of the tests, which included a reconstruction of the crash, disputed Brown’s version of events and were not consistent with the injuries her daughter suffered.
STUFF
Libby McKay died in Christchurch Hospital in 2013, five days after her partner says she fell from a ute. A new report has cast doubt on his version of events. (video first published in October, 2018)
Police found a coin on the road where Brown said McKay fell, after earlier finding several coins around the rear of the car on the driver’s side at the couple’s home. Police found no other evidence McKay had been there.
Brown earlier told Stuff he was “not interested” in reports from people who had “spread untrue drama arising issues”.
A coroner’s inquest into McKay’s death was held but Brown did not return to give evidence.
At the time, coroner David Crerar said McKay’s family could petition the solicitor-general to request a new inquiry if Brown returned to New Zealand.
Brown had many questions to answer, including why he did not call an ambulance immediately or take McKay to hospital, the coroner said.
McKay and Brown were headed to their home in Branston St, Hornby, after a party in West Melton early on June 9, 2013. Evidence gathered by police found McKay had been heavily intoxicated.
In an interview with police, Brown said he put McKay in the back seat of his Toyota ute and was driving her home when they had an argument because she wanted to go back to the party.
McKay had moved to the front passenger seat while it was travelling between 50kph and 70kph.
“Then she just opened the door and rolled out,” Brown said.
He pulled hard left and did a U-turn, he said. When he got to her she was “out cold”.
“I picked her up and put her in the back seat.”
There was no blood when he picked her up, he said.
However, as he drove towards home, he put the interior light on and looked back at her.
“There was just blood everywhere. I panicked.”
He called 111 and got through just as he got to the driveway of their house.
Brown said she was “gurgling blood … it was all blood”.
“The whole time I was yelling, ‘Libby Libby Libby’, and she would not answer.”
Detective Sergeant Jason Stewart told the inquest police asked Brown if he pushed McKay out of the truck.
He “unequivocally” denied it each time.
Police considered all potential criminality avenues but had “nothing evidential-wise that we could use to lay any charges”.
The coroner said police would have to find “beyond reasonable doubt” that Brown was criminally culpable for McKay’s death to lay charges.
“Probably Michael Brown’s version is correct. There remain questions,” he said.
Dr Martin Sage told the coroner McKay’s death was consistent with Brown’s explanation of her falling from the vehicle but he could not comment on whether her fall was “assisted”.
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