Tolga man David Neville pleads guilty over Atherton Tablelands crash that injured Maxmilian Lucas

As a young man screamed in agony, buried in a “scrap heap” following a crash on a North Queensland road, the drug driver responsible sat in his seat – and did nothing, a court has heard.

As 21-year-old Maxmilian Lucas screamed in agony, buried in the “scrap heap” that was his car, the man who had just ploughed his vehicle into the young man’s sat - and did nothing, a court has heard.

The horrific crash on the Atherton Tablelands 19 months ago changed Mr Lucas’ life forever.

Mr Lucas and his girlfriend Georgia Brown had just enjoyed an idyllic day out, including strawberry picking, before camping at Lake Tinaroo overnight.

About 9am the following morning, the happy couple stopped on their way out of the camping area to pop rubbish in a bin.

“Georgia decided to muck around and pretend to drive off without me, and I ran after her – it would be the last time I ever ran,” Mr Lucas told Cairns District Court on Tuesday.

He delivered a powerful and highly emotional address to Tolga man David William Neville, 47, who turned right from Tinaroo Dam Falls Rd on September 16, 2022 and crashed into Mr Lucas’ car.

‘You buried me ... now I am a crumbling mess’

Neville, who sat impassively and appeared to show no emotion or expression, pleaded guilty to dangerous driving causing grievous bodily harm and drug driving.

Last year he indicated he would contest the charges and tried unsuccessfully to negotiate a plea deal on a lesser charge of careless driving.

David William Neville, 47, pleaded guilty to dangerous driving causing grievous bodily harm and drug driving in the Cairns District Court on Tuesday, April 9.

Mr Lucas was studying to be a paramedic at Flinders University and was a keen drummer in bands with high musical aspirations, and a rising star in martial arts.

Mr Lucas described how he lost everything that mattered to him in a moment.

“We were rapidly and fully engulfed – I’ll never forget the sound of metal on metal,” he said.

“Georgia was hysterical with blood streaming down her face, I tried to console her but my lungs failed, and both my legs were completely limp.

“Words cannot encapsulate the fear and I had no idea the body had such levels of pain, which you know – you remained seated in your car in earshot while I screamed and screamed,” he said.

Mr Lucas told the court Neville had never shown compassion and had only shown callous disregard.

He said he spent three months learning to walk again in Cairns Hospital.

“You buried me in the scrap heap that was my car … I wanted to be a strong, able-bodied father figure, but I am now a crumbling mess,” he said.

The Rescue 510 helicopter flew critically injured Mr Lucas to Cairns Hospital for spinal surgery but he has lifelong and profound pain and disabilities as a result of injuries sustained in the crash.

No apology, court hears

Crown prosecutor Tegan Grasso told the court bystanders helped Ms Brown from the car.

But Mr Lucas was trapped, in excruciating pain, for at least 20 minutes until he could be extricated by emergency services.

Neville stayed in his car.

Cairns District Court Judge Joshua Trevino KC said to Ms Grasso “what you are telling me is the defendant did not get out of the car to assist” and Ms Grasso said that was correct.

She told the court when questioned by police about the crash six weeks later and advised of the grave nature of Mr Lucas’s injuries, Neville did not offer an apology.

“Mr Lucas has injuries which cannot be overstated, they are significant, and many are permanent and ongoing,” Ms Grasso said.

She tendered a letter from his treating doctor and said he had limb paralysis, chronic neuropathic pain, severe depression, suicidal ideation and PTSD.

“These are devastating injuries,” Judge Trevino remarked.

Court told of ‘appalling’ traffic history

She described Neville’s criminal traffic history as appalling and said he had a litany of serious speeding offences.

Just four months before the incident, Neville was charged with careless driving after failing to notice a car in front of him in Malanda had stopped to turn, and smashing into the car.

He was fined.

“I am a disabled and miserable shell of the person I was … I was the happiest and healthiest I had ever been,” Mr Lucas said.

He said he was a “fragment of a person”.

Defence barrister Kelly Goodwin said Neville had not apologised as he had legal advice not to approach the complainant and he did not believe he was there to express remorse when interviewed by police.

Mr Lucas spent three months in Cairns Hospital following the accident. Picture: Brendan Radke

Judge Trevino asked if Neville had been made aware he could write a letter of apology and Mr Goodwin said “he was aware he could undertake that and he has not undertaken that to date”.

He said after reading the victim impact statements, Neville had expressed remorse.

‘He took a deliberate risk’

Mr Goodwin argued the conduct was momentary inattention rather than reckless but Judge Trevino said it was not a case where he was changing a radio station.

Mr Goodwin said Neville was obeying road rules until the crash, his attention was on a van in front of him, he saw the Mr Lucas’ car and believed it was going to turn left in to Marks Lane, where there was a give way sign.

Judge Trevino asked how that was a factor that mitigated his culpability, and said his obligation was to give way to all vehicles, he had seen the vehicle, and failed to give way.

“He took a deliberate risk executing the turn without checking,” Judge Trevino said.

Mr Goodwin said Neville smoked cannabis because of the stress of his wife’s cancer treatment but his ex-wife, present in court, found the suggestion objectionable.

Mr Goodwin said Neville was under stress with an “on again, off again” relationship with his wife dealing with an aggressive and metastatic form of breast cancer.

At this point Neville’s ex-wife, Natalie McDermott, rose and muttered, “that’s disgusting” and left the court.

Outside the court, Ms McDermott said she did not have an “on-off” relationship with Neville, did not have metastatic cancer and the couple broke up 14 years ago.

Mr Goodwin said Neville was told by an off-duty police officer not to leave the car and he was in a state of shock.

Adjourning the case, Judge Trevino remanded Neville in custody.

Mr Goodwin made an application for bail.

Judge Trevino ruled that bail was revoked.

Originally published as Tolga man David Neville pleads guilty over Atherton Tablelands crash that injured Maxmilian Lucas