Fatal crash driver fails in appeal

A FIJIAN man who caused a fatal crash by drink driving, speeding and running a red light, then walked away, callously ignoring a man dying on the road, has lost his bid to stay in Australia.

Junior Albert crashed into a car carrying a husband and wife from St George, their baby and the husband’s two sisters, in Toowoomba in March, 2014.

Luke Walker, 41, was thrown from the car and died on the road, his wife Catherine Walker, then 33, had a head injury and multiple fractures and his sisters, who saw their brother killed, also were injured. The Walkers’ baby son Odin fortunately escaped without physical injury, the Administrative Appeals Tribunal heard.

When Albert left the scene he walked past the dying father-of-three and when detained, 90 minutes later, he was almost two and a half times the legal blood alcohol limit, at .124.

Albert never asked police about the condition of his victims – he only asked how much trouble he was in.

Albert had driven through a red light at the corner of Ruthven and James Sts, at 77kmh in a 50kmh zone, at 5.25am, after two overnight drinking sessions.

He drove after “more than a few drinks” at a pub, then later drove from a nightclub, after drinking eight to 10 schooners of beer and four shots of spirit-based drinks.

He later pleaded guilty to dangerous operation of a motor vehicle causing death and grievous bodily harm while intoxicated and leaving the scene before police arrived.

In February, 2015, he was jailed for eight years, with a three-year non-parole period, with time spent in custody declared time served. Albert, who arrived here in 2010, when 23, has an Australian wife and two Australian-born children.

After the Immigration Minister decided not to overturn cancellation of his visa, he applied for an AAT review, to avoid deportation.

Tribunal member Theo Tavoularis said Albert made a series of disastrous and criminally reckless decisions, choosing to drink and drive more than once.

Mr Tavoularis said he believed the Australian community would not be prepared to give Albert a another chance and he confirmed the visa cancellation decision.

Albert, who is detained on Christmas Island, is now likely to be deported to Fiji.