Man sentenced after death of ‘brother’ in tragic Cape York crash

On December 7 in 2018 in a remote part of Cape York, a series of events were set in motion which would eventually lead to the tragic death of 47-year-old Herbert Ballie. Now his ‘brother’ has been sentenced in the Cairns District Court.

ON December 7 in 2018 in a remote part of Cape York, a series of events were set in motion which would eventually lead to the tragic death of 47-year-old Herbert Ballie.

In the Cairns District Court on Friday the legal consequences flowing from that terrible evening came to rest with the deceased’s “brother”, Jackson Ford George, pleading guilty to one count of dangerous operation of a motor vehicle causing death.

The court heard the deceased, George, Benjamin Yam and the deceased’s brother Timothy Ballie had left the Western Cape York Town of Pormpuraaw in the deceased’s Holden Colorado to pick up a Toyota HiLux from Musgrave, some 215km to the east.

Crown prosecutor Aaron Dunkerton told the court George, 21, was raised by the deceased’s mother, and “clearly felt a sense of cultural obligation to do as the deceased directed”.

George explained to the deceased he was hesitant to drive given his limited experience driving and towing and the deteriorating weather but the deceased insisted, the court heard.

Judge Tracy Fantin said she accepted that given the family relationships, George felt no choice but to do what he said.

“The deceased’s brother himself believed he could not stand up for you because the deceased was aggressive when intoxicated,” she said.

FILE PHOTO: A road in Cape York.

The men, with the exception of George, had been drinking for several hours by that point, the court was told.

With the deceased sitting in the front seat without a seatbelt, the four men set off back home for Pormpuraaw with the HiLux in tow.

After a long period of driving without incident in a manner of driving that Judge Fantin described as “unremarkable” and which defence barrister Rachelle Logan said was no more than 40km/h, tragedy struck.

After travelling over a slight depression in the road, the HiLux shunted into the Colorado and the Colorado rolled, causing the deceased to be partly ejected through the passenger window, pinned, and crushed under the car, the court was told.

“You and the other two men were able to climb out of the Holden Colorado. You found him pinned under the car and tried to lift the car off him but you were unable to,” she said.

George and Mr Ballie walked 16km to get help, arriving at a cattle station distressed and upset.

The Cairns Courthouse. Picture: Brendan Radke.

Ultimately, Judge Fantin found there was no cause for any concern about the way George was driving on December 7, but that he was ultimately responsible because he was the driver of the vehicle.

“Sadly, the accident had tragic consequences,” Judge Fantin said.

“They were tragic for your brother, the deceased, and also for his family. No one can help but be touched by the tragic loss that everyone has suffered but I accept you also feel that loss and have done so since the time of the accident.”

Judge Fantin said George felt he was in a position where had had no choice, and no one in the family blamed him for the incident.

“The deceased’s mother, sister, and his wife do not blame you.

“So if you are still blaming yourself, you need to stop, and it would help if you got counselling for that.”

Judge Fantin also said the Crown accepted this was “one of those exceptional cases where even though a person has died, no actual period of custody is required to be served by you”.

George was sentenced to an 18 month period of imprisonment, wholly suspended for 18 months, and disqualified from holding or obtaining a licence for 12 months.

“I hope you can draw a line under this now and get on with your life,” Judge Fantin said.

Originally published as Man sentenced after death of ‘brother’ in tragic Cape York crash