FATAL CRASH TRIAL BEGINS
THE trial of a man accused of causing the death of Dylan Donohue has begun at Townsville District Court.
On July 28, 2018, three men, including Mr Donohue and the alleged driver Dwayne John Joel Mitchell, were involved in a crash near Alligator Creek.
Mr Donohue was flung from the vehicle while it barrel rolled and died from injuries he sustained in the crash. The crown prosecutor has alleged Mitchell was drunk and driving dangerously on the Bruce Highway before the crash.
Yesterday, the witness first on the scene described hearing a loud bang and seeing lights flying through the air.
Mitchell has pleaded not guilty.
WITNESSES have described the distressing and bloody scene of a fatal crash near Alligator Creek.
The alleged driver Dwayne John Joel Mitchell is on trial, charged with dangerous operation of a vehicle causing death while adversely affected by an intoxicating substance. On July 29, 2018, his friend Dylan Donohue died after the vehicle they were travelling in flipped multiple times.
Represented by barrister Kelly Stone, Mitchell ( inset) pleaded not guilty in the Townsville District Court.
It has been alleged that Mitchell was driving the vehicle, which swerved off the road before rolling on the Bruce Highway just south of Alligator Creek. Mr Donohue died at the scene.
Crown Prosecutor Andrew Walklate told the jury it was his intention to prove Mitchell had driven the vehicle, a silver dualcab Landcruiser, dangerously and while drunk. Mr Walklate told the court Mr Donohue’s skull was cracked, with a 32cm gash on his head. He was thrown from the vehicle while it barrel rolled, and was found about 10m from the vehicle. A third man, Ian Pope, was also involved in the crash.
Deborah Collins was the first person at the scene with her two children just after 8pm. She lived at a nearby property and she saw a set of headlights flashing, going up into the air and then coming back down.
She described hearing a loud noise, like a car backfiring.
Ms Collins called police and drove from the house to the crash site, where she saw a man yelling for attention.
Ms Collins saw a second man lying some distance from the vehicle on the ground. A third man was stuck inside the vehicle, which had come to rest on the driver’s side. Ms Collins said the third man had his feet on the ground, with his back braced against the base of the driver’s seat.
Ms Collins, who became emotional describing the scene, said she focused her attention on the second man.
“He was lying on his back, he was not breathing properly, there was blood, froth coming from his mouth,” she told the court. “(He was) just not in a good place.” Ms Collins said the man, who had initially called for attention, could be heard yelling “f--k, f--k, what have I done”.
Another witness, Adam Cornish, had been driving from Airlie Beach to Townsville with his wife when a vehicle sped past, near the Haughton H River Bridge. Mr Cornish told the court he was travelling at about 100km/h, and believed the t vehicle that overtook him was travelling at about 150-160km/h.
Mr Cornish said that about a 10 minutes later they came across the crash near Alligator Creek and got out to help. Mr Cornish also described three men at the scene, and attempted to help an “irate” man who was stuck in the vehicle.
He said he could smell alcohol coming from the vehicle. When he had finished helping with first-aid, Mr Cornish said he walked around the back of the vehicle and noticed it was the same one that had sped past them earlier.
Defence barrister Mr Stone asked multiple witnesses about the “irate” man in the vehicle. He asked Mr Cornish if the man said: “You wanna f-king go c--t?” Mr Cornish said yes.
The trial will continue today at Townsville District Court.