Youth jailed for six months on fatal driving charge

Press, 6 September 1983, Page 4

Youth jailed for six months on fatal driving charge

A back-seat passenger in a car driven at speed who had three times grabbed the steering wheel and swerved the vehicle towards cyclists after stating: “Let’s put the shits up these kids,” was jailed for six months by Judge McAloon in the District Court yesterday. In addition, James Swanson Foster, aged 19, a plantation worker, was disqualified from driving for two years on the charge of dangerous driving causing the death of Steven Barrie Rowe, aged 17. The driver of the car involved in the fatal collision with the cyclist, Michael Bernard Donnelly, aged 21, was fined $5OO, was disqualified from driving for a year and was ordered to pay witness expenses of $77. . s ' •

Evidence had been given that a group of youths, who had been drinking at the Parklands Tavern, were in a car driven by Michael Donnelly on Beach Road when Foster leaned over from the back seat and grabbed the steering wheel, causing the car to hit Steven Rowe, who was flung into the air from his cycle. He died from multiple injuries.

Mr E. T. Higgins, for Foster, said that nothing he could say would alleviate the enormity of what had happened and his client bitterly regretted his actions. Since the accident Foster had suffered from sleeplessness and physical ailments.

It was accepted by Foster that there was more than one incident and that his actions had been the prime

cause of tne fatal accident, but the speed of the vehicle had also to be taken into account. Had the car been travelling at a lesser speed the accident might not have been as serious as it was.

This was not a blatant case of a person being in complete charge of a vehicle driving at high speed.

The death of the youth would weigh with Foster for the rest, of his life. He was very contrite for his foolishness, said Mr Higgins, who submitted that some penalty short of imprisonment would be appropriate.

Judge McAloon said that he had rejected Foster’s explanation that he had been climbing from the back seat to the front when the car hit a bump and he accidentally grabbed the steering wheel. He had found that it was a deliberate action on Foster’s part at a time he was fully aware that the car was travelling at speed. He had done the same thing twice previously “to give persons on the road a fright.” There was a clear inference that the last and fatal incident was of the same nature. Foster had deliberately turned the steering wheel in the direction of the cyclist, which made it a very serious offence. It was

more than just a lack of judgment.

“For the rest of your life you will have to carry this young man’s death on your conscience. I have reluctantly but properly come to the conclusion that there is no alternative to imprisonment despite your age. This type of conduct has to be denounced by the Court,” Judge McAloon said.

Mr E. T. Glue, for Donnelly, said that his client could only be fined, although Donnelly appreciated it was a serious offence. He had played no part in the last stages of the incident.

He assured the Court of Donnelly’s profound regret and he was horrified that the youth had lost his life in this needless and senseless way. Donnelly was appalled that he had been driving when his passenger had acted in such a foolhardy manner, Mr Glue said.

Judge McAloon said that Mr Glue had been very realistic in his submissions. Donnelly was guilty of only careless driving but that related to an incident when his vehicle was travelling at 80 kilometres an hour in a 50 kilometres an hour area. Speed was a contributing factor to the fatal accident. His record was quite a good one, the Judge said.