By BEN CAMERON
A WARRAGUL woman has been handed an 18-month suspended sentence for the death of an elderly cyclist on the Old Princes Highway in Nar Nar Goon, caused by “momentary inattention and misjudgement”.
Molly Gavin, 25, a Child Protection worker for the DHS, pleaded guilty to one charge of driving in a dangerous manner which caused the death of retired pensioner Richard Annal.
The County Court heard on 14 October that Gavin was driving west in a silver Ford sedan on Monday 3 September 2012 on the Old Princes Highway towards Cockatoo about 9.40am to collect a client.
She was travelling in the left of the westbound lane when she struck Annal from the rear.
It was estimated the car was travelling between 93 and 96km/h when she struck the cyclist who was training for an upcoming charity riding event.
Annal, a father of four and grandfather of eight who was wearing a high visibility fluorescent-coloured vest, suffered fatal injuries and died at the scene.
Ms Gavin told the court she saw a “flash of yellow” on the left hand side of the road while pulling the car’s visor down.
“I immediately swerved ’cause I didn’t know what it was,” she said.
“There was a bang and then all the glass started coming into the car from the windscreen. It all happened so quickly.
“I tried to brake and swerve and I hit him, and then I remember stopping the car.”
However, Justice Carmody found Ms Gavin had a clear view of all vehicles in the westbound carriageway including the deceased in the left lane.
He deemed Ms Gavin to be a person of good character.
“Ms Gavin, you, at no stage, have tried to avoid your responsibility for this collision or blamed some other person or factor,” he said.
“The driving is dangerous because of the momentary inattention and misjudgement, which is made up of looking in the rear view mirror at the vehicle on the side of the road, drinking or sipping a cup of coffee, and adjusting the sun visor as you approached where Mr Annal was riding his bike.
“Simply put, you did not see him until it was too late.
“There is no suggestion of speed, alcohol or drugs being used by you, recklessly or aggressive driving, fatigue, or inattention brought about by the use of a telephone or other device.
“That is not to say your offending is not serious. Your offending is serious. Your conduct was clearly dangerous.
“I accept that your grief for the deceased and your remorse for your offending are genuine and profound.”
Miss Gavin had her license disqualified for two years.
