No jail over traffic clash

A 75-YEAR-OLD man with chronic post-traumatic stress disorder, stemming from his harrowing experience in Australia’s worst peacetime naval disaster, has received a suspended sentence over a serious traffic incident in Cairns District Court.

Joseph Serre was convicted of dangerous operation of a vehicle causing grievous bodily harm and leaving the scene without obtaining help.

He was also charged with common assault, but at trial the jury was unable to achieve a unanimous verdict on that offence, and the prosecution discontinued that matter.

The court on Wednesday heard Serre had followed a vehicle through a roundabout quite closely and the driver of the other vehicle pulled over and an altercation ensued, where Mr Serre allegedly punched the man, who threatened him with a knife.

Mr Serre hit the man with the rear of his vehicle as he was leaving, causing a rotator cuff injury to the man’s right shoulder, which required surgery.

Prosecutor Jodie Crane told the court Mr Serre had no criminal history and had phoned police when he arrived home.

She said the complainant’s ability to earn an income and support his family was affected as a result of the injury.

Defence barrister Michael Dalton told the court Mr Serre had chronic PTSD, the offending was out of character and unlikely to be repeated.

The event occurred three years ago. The court heard of Mr Serre’s harrowing past.

He migrated with his family after two older siblings died in the bombing of a school in WWII.

Mr Serre served with navy and was aboard aircraft carrier HMAS Melbourne when it collided with the HMAS Voyager in 1964 in Jervis Bay.

Mr Serre was only 16 years old at the time.

He was also on-board the HMAS Melbourne when it collided with the USS Evans in 1969 in the South China Sea. In his sentencing remarks, Judge Dean Morzone QC said the naval incident had left Serre with lifelong problems such as PTSD, anxiety, depression and chronic pain.

“I have sent a message this is not the way to treat others when in control of a car,” Judge Morzone said.

Mr Serre was disqualified from driving for 12 months, ordered to pay the complainant $2000 compensation and received a wholly suspended two-anda-half-year sentence.