A FURNER man’s snap decision had devastating consequences when he failed to give way at an intersection on the outskirts of Millicent in June last year.
Jack Fergus McDonald, 26, appeared in the Mount Gambier District Court last week after pleading guilty to a charge of driving without due care.
The court heard on June 22, McDonald was involved in a fatal collision with a motorcycle at the Mount Burr Road and Delaney’s Road intersection which killed 22-year-old Naracoorte man Luke Peter Dobbins.
Defence counsel said the day started as any ordinary Saturday would for McDonald, who played football in Hatherleigh.
The defendant arrived home to the family farm at Furner at 4pm, leaving around 90 minutes later at around 5.30pm to attend a Millicent function.
“He reported he had to slow down multiple times on the way due to kangaroos on the road,” the defendant’s lawyer said.
Defence counsel said McDonald was traveling on Delaneys Road towards the Mount Burr Road intersection and he came to a near stop and indicated to turn right.
“He believed both ways were clear and pulled out onto Mount Burr Road,” defence counsel said.
“That was when he struck rider Mr Dobbins and McDonald’s utility spun around, with Mr Dobbins being thrown from his motorbike five to 10 metres down the road.”
McDonald left his vehicle and ran to check the condition of Mr Dobbins.
“After checking the rider, the defendant ran back to his car to turn on his hazard lights and returned back to the rider to try and move him off the road,” McDonald’s lawyer said.
“McDonald then noticed an oncoming vehicle and moved to the side of the road, waving his arms and jumping around in an effort to stop the vehicle.”
The court heard a second car then drove over Mr Dobbins and was subsequently dragged along the road by the vehicle.
“After this happened, McDonald was in hysterics,” defence counsel said.
Since the incident, the court heard the defendant has experienced anxiety and serious post-traumatic-stress, including flashbacks.
Defence counsel said his client had prescription glasses for night driving and was wearing them on the night of the accident.
“The only justification McDonald could make was that perhaps the motorbike lights did not register and blended in the background with the Millicent township lights,” he said.
A statement provided by occupants of the second vehicle said the driver saw a man – who was McDonald – waving his arms in an attempt to get his attention.
“He said he saw a motorbike slightly more on the opposite side of the road and a dark shadow in the middle of the road, which he now knows was the motorbike driver,” defence counsel said.
“He said he felt the impact when running over the rider and immediately slammed on his breaks, pulling to the side of the road to turn his hazard lights on.
“He said it all happened so fast … it was a genuine tragic accident for all involved.”
The second driver was not charged.
The court heard McDonald could face a maximum of 12 months imprisonment and instant loss of license for six months.
“I believe this does not fall into the category of most serious cases,” defence counsel said.
Judge Rauf Soulio raised the concern as to whether McDonald was a threat to the community.
“There was no indication other than driving in the normal way this accident was on purpose,” defence counsel said.
“We need to accept from time to time, people can make mistakes.
“Sadly, if you are on a motorbike, accidents and risks are higher.”
The prosecution said any term of imprisonment should be suspended and community deterrence needed to be considered.
“The last thing the defendant would do is re-offend,” the defendant’s lawyer said.
“Losing his licence would also cause significant hardship due to my client’s occupation as a farmer.”
Security footage revealed Dobbin’s headlight was on at the time of the accident.
“It may have appeared to be a car for the defendant, but much further away, instead of a motorbike much closer,” Judge Soulio said.
“It is truly a tragic accident where there are only losers, no winners.
“Greater care always needs to made on country roads and the defendant failed to do so on that night.”
Judge Soulio reserved his decision and McDonald is due to appear in court again on May 1 for sentencing.
