Bus driver avoids jail

A METRO bus driver who caused the death of a pedestrian by negligent driving will not go to jail.

Stephen Murray Hartstonge, 62, of Cygnet, was found guilty of causing death by negligent driving after a three-day hearing in the Hobart Magistrates Court last month.

Hartstonge will be disqualified from holding a driver’s licence for two years and has received a three-month prison sentence that was wholly suspended for three years.

Magistrate Chris Webster, who sentenced Hartstonge yesterday, said the bus driver had failed to keep a proper lookout.

The court heard Hartstonge was driving a Metro bus on July 22, 2016 when he stopped at a red traffic light on Macquarie St about 6pm, waiting to turn right into Campbell St. Hartstonge did not see Wendy Evans, an off-duty Queensland police officer, who was crossing Campbell St at the time.

“When the pedestrian Wendy . . . Evans started to commence to cross at the traffic lights, the defendant started to turn right and struck Ms Evans,” the magistrate said.

Mr Webster said Hartstonge had a view of the intersection for 30 seconds while stationary at the lights and a view of the traffic lights and the area as he approached the intersection.

“The defendant’s negligence was significant. However, I think it was at the lowest end of the scale of offending for causing death by negligent driving.”

Mr Webster said Hartstonge was not driving with alcohol or drugs in his system, was not speeding, undertaking a dangerous manoeuvre or driving while tired and there was nothing wrong with his vehicle.

“His negligence was his failure to keep a proper lookout,” Mr Webster said.

He said Hartstonge had been a professional driver for nine years and had a “relatively good driving record”.

The court heard Hartstonge wrote an apology to Ms Evans’ family. Hartstonge’s lawyer Alex Mollard said the impact on her client had been “quite profound” and he had spent countless hours reflecting on what had happened.

Ms Mollard said the publicity surrounding the case had been stressful for Hartstonge’s family.

Mr Webster disqualified Hartstonge from holding a driver’s licence for two years, but the disqualification was suspended until April 20. He sentenced Hartstonge to three months in prison, wholly suspended for three years, and ordered him to pay court costs and a victims of crime compensation levy.

Ms Mollard told the court it was not known what would happen with Hartstonge’s employment.

A spokesman for Metro Tasmania declined to comment.