Police wanted an Auckland trucker, sentenced on Thursday to three years in prison for manslaughter, to lose his operating licence years before his unsafe vehicle rolled backwards and killed a roadworker.
Official documents released to RNZ reveal that authorities twice moved to strip company director Ashik Ali of his Transport Service Licence (TSL). NZTA came close to revoking it but ultimately backed down, despite repeated warnings and mounting safety concerns.
According to a report by Phil Pennington of RNZ, Ali had argued in 2021 that he should keep the licence, promising that his company would stop using the truck that later rolled away. Yet, despite these assurances, the vehicle remained in operation.
Johnathon Walters was fatally run over during night works in Remuera in May 2024 when the brakes failed on Ali’s parked and loaded truck. The OIA records show the vehicle — and others in Ali’s fleet — had a long history of serious safety issues.
Ali, 56, pleaded guilty to manslaughter in mid-2025. During sentencing, Walters’ family told the court they lived in fear for relatives working roadside jobs. "Because of your actions, I now carry a consistent anxiety that they too may go to work one day and not return to their whanau," his sister, Karin Fraser, said.
The trucking industry expressed outrage, with the National Road Carriers Association calling the case a watershed moment for road safety. "This must be a turningpoint," its earlier statement said, and following sentencing, chief executive Justin Tighe-Umbers added: "The regulator needs stronger powers, not least the ability to impound trucks," as quoted by RNZ.
He rejected the defence’s claim that Ali was simply caught in a financial bind. "No, what he couldn't afford was to cause the death of another human being and to go to prison for three years," quoted RNZ.
NZTA dismissed suggestions that a “systemic failure killed Walters”, insisting it used every tool available. It stressed the killer truck had been ordered off the road, yet “Mr Ali chose to drive the vehicle in spite of this,” RNZ quoted.
OIA documents show Ali’s company had been on the radar since 2018. His fleet repeatedly failed inspections, with trucks found to be structurally unsound, unregistered, or lacking current Certificates of Fitness. Several were pink-stickered, the strictest designation for unsafe vehicles, including the truck that killed Walters.
According to a report by Phil Pennington of RNZ, in one 2020 email, officer Mark Painter warned: “The state of their vehicles now showing real safety concerns.” He urged NZTA to consider removing Ali’s licence. Despite subsequent inspections revealing widespread defects, Ali remained licensed, often after giving undertakings that were later broken.
The truck involved in the fatal crash had a dozen defects, including a compromised cab and a severe hydraulic oil leak. Its braking system, a cardan-shaft handbrake, had previously been identified in other fatal incidents.
By 2021, NZTA risk assessments described Ali as intentionally non-compliant but still stopped short of revoking his TSL. Instead, it issued a Notice of Improvement and ordered more frequent COFs.
The case reignited concerns about unsafe operators undercutting compliant ones. “For too long, too many illegal transport operators have undercut honest operators,” Tighe-Umbers wrote.
Even after Walters’ death, inspectors found evidence that Ali's trucks had been hastily made to appear roadworthy before audits. Four were pink-stickered in June 2024.
On Thursday, the crown prosecutor argued that Ali’s conduct showed clear disregard for public safety. Justice Lang agreed, saying the case demanded a deterrent message.
Tighe-Umbers said he now sees signs the system may soon be strengthened to better deal with rogue operators. NZTA land transport deputy director Mike Hargreaves added that the court’s decision should send a strong warning to others.
He noted that the truck was unregistered, lacked a COF, and had been ordered off the road. “In spite of this, Mr Ali made a decision to illegally drive this unregistered and unsafe vehicle… resulting in the death of another person,” RNZ quoted.
Ashik Transport Limited’s TSL was finally revoked in August 2024. NZTA has since expressed its condolences to the Walters family, acknowledging the profound impact of the tragedy.
ISSUE
Leave a Comment