Meth driver jailed
JUDGE QUESTIONS ACCUSED’S COMPASSION FOR VICTIMS
THE MAN who mowed down five cyclists riding along Dalrymple Rd in his mother’s car with a “massive amount” of meth in his system has been sentenced to seven years jail.
Douglass Laurence Foley, 29, was sentenced in the Townsville Supreme Court for dangerous operation of a vehicle, causing grievous bodily harm while adversely affected by an intoxicating substance, methamphetamine.
Foley faced several charges including possession of drugs including cannabis and meth, utensils, and contravene direction or requirement of police.
About 5.30am on February 19, 2020, Foley was driving back to his Mount Louisa home after attempting to pick up his brother from a friend’s house.
Foley drove through the Thuringowa Drive roundabout, and was seen driving “erratically” – narrowly missing street signs and trees, and overtook several cars in the left hand lane.
Reaching the Bamford Lane roundabout, Foley fell asleep as he approached a group of cyclists.
The cyclists, Brad Wilton, Jade Connor, Dianne Graham, and Dr John Masson and Kristeen Masson were riding in single-file in the bike lane when Foley collided with the group.
He hit Ms Connor’s bike and did not brake, resulting in her flying through the air and then bouncing on the ground after the impact.
Foley hit Mr Wilton and Dr Masson, who was also thrown through the air.
When he hit Ms Graham, she was flung over the top of the car and lost consciousness.
The last person he hit was Mrs Masson, who woke up on the ground after.
Foley slowed down momentarily, but continued driving and abandoned the car in front of a wreckers on Bayswater Rd.
He then walked home, took an antidepressant and fell asleep.
When police attended his home for an interview, Foley hid in a cupboard for “some time,” and then lied to them, saying he had called emergency services, when he had not.
All five cyclists were taken to hospital, with some requiring pelvic and neurosurgery procedures for their injuries.
Crown prosecutor Andrew Lowrie said a doctor’s report found Foley had meth in his system equivalent of using for “days, rather than hours”, and was in the “withdrawal phase”, with an onset of sleep deprivation resulting in a loss of situational awareness and reaction time.
An amount of .49mg per litre of meth was found in Foley’s blood.
Just the day before the incident, on February 18, Foley had been released on bail for charges including possession of 2.168gm of meth, a glass pipe, clip seal bags and 2.5gm cannabis, found in his car.
Reading the victim impact statement penned by Mr Wilton, Mr Lowrie described the long-term impacts of the incident.
Mr Wilton’s statement included accounts of the incident, his own feeling of guilt for asking his friend Ms Connor to go on a ride that day, and his inability to continue in his plumbing business.
He describes feeling the “type of misery that drugs don’t touch”, and how more than a year after breaking nine ribs, five fractured vertebrae and a punctured lung, he still felt the impact of the injuries.
Prosecution submitted a sentence of six years with Foley’s licence absolutely disqualified.
Defence barrister Madonna Hayes said Foley was returning home at the time of the collision, and had last used meth a day and a half before the incident.
“He instructs the feeling he felt was of extreme exhaustion … and was in no fit state to drive,” Ms Hayes said.
“He doesn’t recall going through the roundabout or seeing the cyclists at all … he woke up when the windscreen shattered and realised he must have hit someone.”
She said Foley had “panicked” and driven off, before leaving the car and walking home in a state of “denial”, but now felt remorse for his actions.
She claimed Foley’s addiction to ice had begun in 2019, after a relationship breakdown and at his worst point he was taking “one to two points” every day.
Chief Justice Catherine Holmes acknowledged Foley’s reading was the result of a “binge” before his court appearance on February 18, but said he acted with “callousness” when he chose not to stop.
“The damage to the vehicle was apparent: a shattered windscreen, headlights broken, damage to the bonnet and front bumper bar – it’s horrible to think such damage was done by human bodies,” Ms Holmes said.
“These were fit people, that’s why they were riding at 5am. They were riding safely in single file and you hit them one after the other, you did enormous damage,
“In your letter you say you feel guilty for the damage you caused, but I wonder if it is going to be anything as bad as Mr Wilton, Ms Connor and Ms Graham have to go through each day – in the knowledge their bodies will never be the healthy machines they were.”
Taking into account the 559 days in presentence custody, Foley was sentenced to seven years imprisonment, with a parole eligibility date of June 19, 2022.
He was disqualified from driving for five years.
For the drugs charges, Foley was sentenced to 12 months imprisonment, to serve concurrently with the head sentence.