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A coronial probe into speedway driver Stephen Penn’s racing death cannot determine whether his helmet failed him because police threw it away.

But police say the coroner never asked them for the helmet – only photos of it.

Penn died in his vehicle after crashing while representing the Manawatū Mustangs at the 2022 SuperStock Team Champs in Palmerston North.

His #59P stockcar first collided with an opponent, before hitting the concrete wall.

His pit crew on the fateful night included his wife Vanessa.

Stephen Penn with his wife Vanessa Penn.

Penn was wearing a lot of safety gear, including a helmet and a hybrid restraint designed to protect a driver’s head and neck on impact.

In a coroner’s report obtained by the Herald, Coroner Heidi Wrigley noted there was “potentially important evidence that was not available to this inquiry”.

That included the helmet. Wrigley said police photographed it, then “destroyed it without carefully inspecting it”.

Wrigley added the hybrid restraint also wasn’t provided, and “it is possible that it was disposed of inadvertently after being taken from the scene with other items of Mr Penn’s safety equipment”.

“The unavailability of the helmet and hybrid has prevented any effective independent expert consideration of whether there was some issue with either of those pieces of safety equipment which contributed to Mr Penn’s death,” Wrigley wrote.

“Accordingly, this is a possibility I cannot rule out.”

The tragedy happened at Robertson Prestige International Speedway, located at Palmerston North's Central Energy Trust Arena. Photo / File

Wrigley added “the significant movement” of Penn’s head upon impact with the rival car and concrete wall “could be indicative of some issue with the Hybrid and/or his helmet”.

She said the evidence was of “poor quality” which meant she was unable to identify potential problems with his gear.

Why police ‘disposed’ of helmet

Inspector Ross Grantham, Manawatū Area Commander, told the Herald police were not “given the opportunity to be heard on this matter” before Wrigley released her findings.

That meant they were unable to explain to the coroner why the helmet was disposed of.

Grantham said Wrigley only asked for photographs of the helmet for her inquiry, not the helmet itself.

Inspector Ross Grantham claims police were not asked for the helmet – only photographs of it. Photo / Mark Mitchell

“Police held Mr Penn’s helmet for some months following his fatal crash,” he said.

“During that time, the coroner had requested additional photos of the helmet, which police provided. At this time a decision was made to dispose of it, as it was no longer considered necessary to retain it for evidential purposes.”

Grantham said police “noted” the findings into Penn’s death.

“On behalf of NZ Police, I extend my deepest sympathies to his family and loved ones,” he said.

Stephen Penn in action at the Robertson Prestige International Speedway in car No 59P.

Were proper safety checks done?

Wrigley’s written findings said 59P had undergone a Speedway New Zealand (SNZ) scrutineering and safety check process and been cleared.

But “the scrutineer’s certificate does not make it clear whether Mr Penn’s helmet and other safety gear was checked,” it says.

The box on the scrutineering certificate addressing that was unmarked.

Speedway bosses: ‘It is not possible to eliminate all risk’

Wrigley wrote in her findings how Penn’s vehicle struck a competitor before being “propelled” into the outer concrete wall of the racetrack.

An emergency response team rushed to his car, but he died within it soon after the crash.

A later examination of the Superstock vehicle by a SNZ scrutineer “identified no pre-existing faults that could have contributed to the crash”.

Speedway racing has inherent dangers, regardless of how safety-conscious drivers and teams are.

A post-mortem report stated the blunt force head injury suffered by Penn was “immediately unsurvivable”.

As part of her inquiry, Wrigley had access to footage of the crash taken from various cameras including one inside 59P.

“I find that the cause of the crash which resulted in Mr Penn’s fatal injury was him driving into the rear of a competitor’s car as part of a legitimate Superstock Team race strategy to manoeuvre the car out of his way,” Wrigley wrote.

“The forces involved in this collision resulted in Mr Penn losing control of his Superstock 59P which was diverted into the concrete wall on the outside of the racetrack.

“The front right, then left rear, of the Superstock 59P crashed into the wall. At least one of these three impacts was responsible for Mr Penn’s fatal head injury.”

Wrigley wrote how Superstock Team racing came with “inherent risk of serious injury even when appropriate safety precautions are followed.”

The New Zealand SuperStock Teams Championship is one of the biggest events on the Kiwi speedway calendar. Photo / Sportsweb Photography

SNZ general manager Aaron Kirby wrote in a report to the inquiry that Penn’s death was an “unfortunate accident” that had followed typical “aggressive” Superstock teams racing.

“Mr Kirby advised that while Speedway NZ strives to achieve the highest level of safety possible, it is not possible to eliminate all risk,” Wrigley wrote.

“Speedway NZ’s position is that all reasonable and practicable precautions were taken on the day of the crash to ensure Mr Penn was compliant with Speedway NZ rules.”

WorkSafe had earlier looked at Penn’s death but deemed it would not investigate, saying: “Speedway / car racing has a high risk [of] accident or injury. Initial enquiries found [that Speedway NZ] had adequate controls at the time of the accident.”

Stephen Penn’s family

In a written statement to the Herald, Penn’s family said they were “happy with the coroner’s findings that they have ruled it a tragic freak accident”.

The family hoped the findings would “end any speculation or unfounded assumptions” regarding the accident.

Penn had a “huge passion” for speedway.

“Growing up around racing meant the love for motorsport was in his blood,” the family said.

The speedway community rallied around the Penn family after Stephen Penn (inset) died in a racing crash.

“Within speedway, he aspired to be part of a team where he could do his part in assisting them to the finish line.”

His loved ones stressed he never compromised on safety.

“Knowing that speedway was a dangerous sport, safety was the absolute top priority when Stephen raced,” they said.

“What happened to Stephen has not impacted our love for the sport and we are happy that this also has not hindered the continuation of Teams Champs.”

In a post in SNZ’s June newsletter, the sport’s governing body described the driver as a “great ambassador” for speedway.

Flanked by Kyla and Vanessa Penn, Kaelin Mooney holds the Stephen Penn Rookie of Teams Champs trophy named in honour of the late driver. Photo / Troy Adamson

SNZ wrote that since the tragedy occurred it had “assisted the coroner with documentation and evidence requests relating to the incident and the sport itself”.

The organisation said its “first priority” had been towards Vanessa and his two daughters.

“The family wish to have it conveyed that Stephen’s death was a freak and tragic accident, a result of doing something he truly loved.”

Kind-hearted Kiwis donated $96,101 to the Penn family via a Givealittle page created after the racing death.

The Penn family told the Herald the support they received would never be forgotten.

“We would like to take this opportunity to thank everyone that supported us through this tough time,” they said.

“During this time, we saw the speedway community come together as a family and showed people that this is not just a sport but a passion.

“Lastly, thanks to everyone that keeps his legacy alive and not letting this affect their love for the sport which Stephen would have wanted.”

Neil Reid is a Napier-based senior reporter who covers general news, features and sport. He joined the Herald in 2014 and has 33 years of newsroom experience.