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Tasmania's DPP guilty of negligent driving causing woman's death Tasmania's DPP guilty of negligent driving causing woman's death
(about 1 hour later)
Tasmania's director of public prosecutions, Tim Ellis, has been found guilty of negligent driving causing death over an accident that killed a Launceston woman.Tasmania's director of public prosecutions, Tim Ellis, has been found guilty of negligent driving causing death over an accident that killed a Launceston woman.
Ellis, 59, had pleaded not guilty to the charge after his Mercedes was involved in a collision on the Midland highway between Hobart and Launceston in March last year.Ellis, 59, had pleaded not guilty to the charge after his Mercedes was involved in a collision on the Midland highway between Hobart and Launceston in March last year.
Natalia Pearn, 27, was killed when her Toyota Corolla crashed into Ellis's car.Natalia Pearn, 27, was killed when her Toyota Corolla crashed into Ellis's car.
Ellis's lawyers had argued that the Ellis, who suffered sleep apnoea, was asleep at the wheel when the collision occurred.Ellis's lawyers had argued that the Ellis, who suffered sleep apnoea, was asleep at the wheel when the collision occurred.
But magistrate Chris Webster found sleep was not a factor.But magistrate Chris Webster found sleep was not a factor.
“I am satisfied beyond reasonable doubt that Mr Ellis consciously drove his vehicle on to the incorrect side of the road, and continued to drive his vehicle on the wrong side of the road until the point of impact,” he wrote in his decision.“I am satisfied beyond reasonable doubt that Mr Ellis consciously drove his vehicle on to the incorrect side of the road, and continued to drive his vehicle on the wrong side of the road until the point of impact,” he wrote in his decision.
Ellis will be sentenced on 22 July.Ellis will be sentenced on 22 July.
His lawyer, Michael O'Farrell SC, told the Hobart magistrates court an appeal would be lodged.His lawyer, Michael O'Farrell SC, told the Hobart magistrates court an appeal would be lodged.
Ellis left the court without comment on the crutches he has needed since his leg was shattered in the accident.
Pearn's father Alan Pearn's only comment to reporters was: "It's not over yet."
During the hearing in March, witnesses had told of a southbound black Mercedes travelling in an overtaking lane for oncoming traffic.
One, Sabina Van Ingen, told the court: "I said to my husband that he's going to kill somebody."
The court heard the car had rounded a sweeping bend on the highway shortly before the crash.
"It is inconceivable that a vehicle could be driven ... onto the incorrect side of the road at 100km/h, maintain its position in that lane for 700 metres, and then round a sweeping bend, and continue on that road for a distance of between 300 and 800 metres whilst the driver was asleep," Webster wrote.
He said Ellis had been successfully treated for his apnoea, a condition which does not cause sudden sleep.
In the lead-up to the crash, he had been talking with his wife, changing his CD stacker and listening to the cricket as well as overtaking cars, Webster said.
"Mr Ellis's mind was active in the car," he wrote.
Double white lines should have been obvious to Ellis, he said, and a lack of skid marks did not necessarily mean he'd failed to brake or swerve because of sleep.
"The defendant failed to exercise the degree of care that a reasonable and prudent driver should have exercised in the circumstances," Webster wrote.
Webster agreed to hear the case after more senior colleagues disqualified themselves, saying they knew Ellis or his family too well.