Driver blames sun glare
A DRIVER who struck three pedestrians in Colac has blamed sun glare for the incident.
Michael Perkins was turning right at an intersection on January 9, 2018, when he collided with three people crossing the road.
One of the victims was wheelchair-bound Colac local Harry Swan, 79, who died six weeks after the crash.
His relative, Maxine Swan, 63, was also seriously injured in the crash, while the third victim was only slightly grazed.
Mr Perkins, of Camperdown, appeared in the Geelong Magistrates’ Court yesterday facing two charges of dangerous driving causing serious injury.
The Office of Public Prosecutions withdrew a separate charge of dangerous driving causing death due to insufficient evidence to prove Mr Swan died as a direct result of the accident.
Nonetheless, Crown prosecutor Matthew Senia told the court the pensioner was in “relatively” good health before he was hit by Mr Perkins’ vehicle about 7.30pm on the day of the incident.
The collision occurred at the intersection of Hart and Murray streets, which was governed by electronic traffic signals.
The court heard Mr Perkins was stopped at a red light for 55 seconds before making a right turn and colliding with the trio, who were crossing on a green pedestrian signal.
Mr Swan was flown to the Royal Melbourne Hospital with a haematoma and pelvic fractures, while Ms Swan received eight staples to her head after being taken to Geelong hospital.
Mr Swan was transferred back to a Colac aged care facility after four days in hospital, but his health deteriorated significantly before his death on February 22, 2018.
Mr Perkins was later interviewed by police and told officers he could not see the pedestrians due to the sun in his eyes.
“The sun was really bad and you couldn’t see because of it,” he said.
Mr Perkins has signalled his intention to plead guilty to the two charges, but applied yesterday to have the case dealt with in the magistrates’ court, where lesser penalties apply.
Defence lawyer Jonathan Barrera said there had been a devastating impact on all those involved in the case, including his client.
He said Mr Perkins had tried to apply his brakes as soon as he saw the victims in his path.
“He did everything to avoid them, but by that point it was too late,” Mr Barrera said.
On behalf of the Crown, Mr Senia has pushed for the case to be sent to the County Court due to the seriousness of the offending. He said Mr Perkins had “more than ample” opportunity to realise that the sunlight was a hazard and that it should have raised his attention levels.
Magistrate Tim Walsh will hand down his decision today.