No jail for Colac crash

Driver hit three pedestrians, including man in wheelchair

A DRIVER who crashed into three pedestrians in Colac last year has been spared jail.

Michael Perkins, 58, was turning at traffic lights when he struck three people who were legally crossing the road, including a man in a wheelchair, on January 9 last year.

The Geelong Magistrates’ Court was told yesterday the driver ploughed into the group about 36km/h at the corner of Hart and Murray streets.

Wheelchair-bound Harry Swan, 79, died six weeks after the collision.

His 63-year-old female relative suffered a fractured ankle and a laceration to her head that required staples.

In sentencing Perkins to a four-year community corrections order, Magistrate Tim Walsh said the disability-support worker did not adjust his driving to the conditions. “You did not see the group until the last second,” Mr Walsh said.

Perkins, who pleaded guilty to two charges of dangerous driving causing serious injury, told police he could not see the pedestrians when he was turning, due to sun glare.

“The sun was really bad and you couldn’t see because of it,” he said.

This week, the Geelong Magistrates’ Court was told it could not be proved the crash was the main cause of Mr Swan’s death, but it was likely it exacerbated an underlying health condition.

The court heard Perkins had made two “genuine and serious” attempts to take his own life after the accident.

Mr Walsh said there was a high risk Perkins’ mental health would deteriorate if he were jailed.

“I am satisfied besides this incident you are a thoroughly decent member of the community,” he said.

The magistrate said Perkins’ remorse was genuine and he was “racked with guilt”.

He said the man’s early plea contributed to his sentence.

Perkins, from Camperdown, will be required to complete 450 hours of unpaid community work and undergo a mental health assessment as part of his sentence. He will be under the supervision of Corrections Victoria for four years.

Mr Walsh said the crash served as a reminder to drivers to stay “fully focused and hyper-vigilant” at the wheel.

Defence barrister Jonathan Barrera told the court his client rarely drove any more and that driving “freaks him out”.

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