❓ A parliamentary question regarding the death of a cyclist and the lack of charges against the driver involved. The Minister explains the reasons for not laying charges, citing lack of evidence and legal advice.
AnsweredQoN 350Legislative Assembly
QuestionView source ↗
I refer to the death of Mr Peter Phillip Clark, a 20 year old state champion cyclist, of 24 Warner Drive, Padbury on 10 January 1999 as a result of a motor vehicle accident and ask - (a) why has no charge been laid against the driver of the vehicle, Mr Quinten John Smith, which killed Mr Clark; (b) in the light of the finding by the Coroner on 20 September 1999 that there was a prima facie case of dangerous driving against Mr Smith, why has this charge not been laid; (c) in light of Mr Smith admitting to speeding at 80kph on Whitford Avenue and skid tests revealing a minimum speed of 83kph, why was Mr Smith not charged with speeding; (d) why was no statement taken from Mr Smith at the time of the incident and did this compromise the laying of charges, especially in light of Mr Smith's admission to the Coroner that his driving on the day was "dangerous and stupid"; and (e) will you now take action to have charges laid against Mr Smith? Answered on 5 September 2000 The Minister
AnswerView source ↗
Answered
5 September 2000
Response time
27 days
(a) The Western Australia Police Service has considered several charges against the driver of the vehicle. However, due to a lack of credible evidence no charges were preferred. (b) The Police Service has considered comments made by the Coroner and sought Legal opinion from the Department of Public Prosecutions. Based on this advice, a charge of Dangerous Driving was not preferred. (c) Mr Smith was given a certificate under Section 47 of the Coroners Act so any admissions made during the inquest would be considered inadmissible in evidence. Skid testing was conducted on a day when the ambient temperature was less than that on the day of the incident. There is no credible evidence to charge Mr Smith for speeding. (d) The investigating officer spoke to Mr Smith at the scene and found him distraught. Mr Smith declined to be interviewed. A subsequent attempt to interview Mr Smith was also declined. Police were advised he was acting on the advice of legal counsel. It is difficult to speculate the outcome had Mr Smith fully cooperated with the investigating officer. A decision to prosecute is based on the strength of the evidence in relation to the elements required to prove a particular charge. (e) The situation remains unchanged. This matter has been the subject of further consideration on numerous occasions and no action will be taken against Mr Smith.
(b) in the light of the finding by the Coroner on 20 September 1999 that there was a prima facie case of dangerous driving against Mr Smith, why has this charge not been laid; (c) in light of Mr Smith admitting to speeding at 80kph on Whitford Avenue and skid tests revealing a minimum speed of 83kph, why was Mr Smith not charged with speeding; (d) why was no statement taken from Mr Smith at the time of the incident and did this compromise the laying of charges, especially in light of Mr Smith's admission to the Coroner that his driving on the day was "dangerous and stupid"; and (e) will you now take action to have charges laid against Mr Smith?
(c) in light of Mr Smith admitting to speeding at 80kph on Whitford Avenue and skid tests revealing a minimum speed of 83kph, why was Mr Smith not charged with speeding; (d) why was no statement taken from Mr Smith at the time of the incident and did this compromise the laying of charges, especially in light of Mr Smith's admission to the Coroner that his driving on the day was "dangerous and stupid"; and (e) will you now take action to have charges laid against Mr Smith?
(d) why was no statement taken from Mr Smith at the time of the incident and did this compromise the laying of charges, especially in light of Mr Smith's admission to the Coroner that his driving on the day was "dangerous and stupid"; and (e) will you now take action to have charges laid against Mr Smith?
(e) will you now take action to have charges laid against Mr Smith?
(b) in the light of the finding by the Coroner on 20 September 1999 that there was a prima facie case of dangerous driving against Mr Smith, why has this charge not been laid; (c) in light of Mr Smith admitting to speeding at 80kph on Whitford Avenue and skid tests revealing a minimum speed of 83kph, why was Mr Smith not charged with speeding; (d) why was no statement taken from Mr Smith at the time of the incident and did this compromise the laying of charges, especially in light of Mr Smith's admission to the Coroner that his driving on the day was "dangerous and stupid"; and (e) will you now take action to have charges laid against Mr Smith?
(c) in light of Mr Smith admitting to speeding at 80kph on Whitford Avenue and skid tests revealing a minimum speed of 83kph, why was Mr Smith not charged with speeding; (d) why was no statement taken from Mr Smith at the time of the incident and did this compromise the laying of charges, especially in light of Mr Smith's admission to the Coroner that his driving on the day was "dangerous and stupid"; and (e) will you now take action to have charges laid against Mr Smith?
(d) why was no statement taken from Mr Smith at the time of the incident and did this compromise the laying of charges, especially in light of Mr Smith's admission to the Coroner that his driving on the day was "dangerous and stupid"; and (e) will you now take action to have charges laid against Mr Smith?
(e) will you now take action to have charges laid against Mr Smith?
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