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Alleged SA killer drivers will lose licences as soon as charged under new laws called for by Advertiser’s Road to Justice campaign

Alleged killer drivers will lose their licences as soon as they’re charged – or even at the scene of fatal crashes – under new laws called for by an Advertiser campaign.

Lynette and Leigh Lyall with photos of their children, Troy and Shanae, who died in the same car crash. Picture: Supplied.
Lynette and Leigh Lyall with photos of their children, Troy and Shanae, who died in the same car crash. Picture: Supplied.

Alleged killer drivers will be stripped of their licences as soon as they are charged – and, in extreme cases, at the scene of fatal crashes – under new laws to go before parliament today.

The bill, to be introduced by Attorney-General Vickie Chapman this afternoon, fulfils one of the six goals of The Advertiser’s Road To Justice campaign.

The campaign, led by the families of victims of some of SA’s most infamous fatal road crashes, called for an end to the inconsistent sentencing of killer drivers.

It also sought a mandatory 10-year minimum term for the worst offenders – those charged with aggravated death by dangerous driving – and more support for victims going through court.

One of the campaign’s aims was to ban alleged offenders from continuing to drive while on bail, prior to trial.

Ms Chapman’s bill will see offender’s licences cancelled immediately upon charges of causing death by dangerous driving being laid against them.

It will also empower SA Police to issue on-the-spot cancellations at crash scenes in circumstances where an officer reasonably believes a charge of causing death by dangerous driving will be laid.

Leigh and Lynette Lyall in 2016. Picture: Greg Higgs
Leigh and Lynette Lyall in 2016. Picture: Greg Higgs

Licence disqualifications were suggested, as part of the Road To Justice campaign, by Lynette and Leigh Lyall.

The couple lost both of their children, Troy and Shanae, in the same October 2011 crash.

The driver responsible, Adrian O’Daniel, plea-bargained his charges down to a minor matter and never saw the inside of a prison cell.

On Wednesday, Mrs Lyall said the couple were thrilled to see “change, at last” in the state’s driving laws.

“It feels like the politicians are finally listening to survivors – and listening because we gave them a very big, very public push,” she said.

“This is not the first time survivors have asked for change, and the community is fed up with this sort of irresponsible, reckless driving.

“Maybe some common sense is, at last, prevailing.”

Campaign leader Lauren Ralph – who survived the 2003 crash that killed her sister, Abigail – said she was “ecstatic” the campaign was not “being swept under the rug” by politicians.

“I’m so happy for the Lyalls because this is some justice for them, at long last and after all this time,” she said.

“Together, we will keep fighting for change until all of our goals have been achieved.”

Attorney-General Vickie Chapman. Picture: AAP/David Mariuz.
Attorney-General Vickie Chapman. Picture: AAP/David Mariuz.

Ms Chapman said victims felt it was “unconscionable” that somebody who is suspected of causing someone’s death by dangerous driving is able to get back behind the wheel.

“We understand that and we already have laws allowing a police notice to be issued for immediate suspension for speeding and also drink driving offences,” she said.

“So we feel this ought to be clear and comprehensive in all suspected parties who are responsible for death or harm on the roads.”

She said an accused person would be able to appeal to the courts to have the licence disqualification lifted, but courts could only do so “in exceptional circumstances”.

Ms Chapman commended victims’ families who came forward to seek reforms, including those involved in the Road to Justice campaign.

“We are very keen to listen to the reforms that are achievable, identify weaknesses and indeed make sure that they are changed,” she said.

“For those who are family members of someone they have lost as a result of an accident, or even significantly harmed … we understand how difficult it is for you and how distressing it is to think that someone might be back on the roads and cause that to someone else.”

Opposition legal affairs spokesman Kyam Maher said Labor would support the bill, but would lodge amendments to give victims and their families more support.

“This is a good start, but it doesn’t go nearly far enough,” he said.

“There’s a whole lot of elements that families of victims … want and there’s a number of other things that we think the government should also do.”

Mr Maher said better support was needed to assist victims and families through court processes – a key proposal made in the Road to Justice campaign.

Labor was also considering a push for a minimum five-year licence disqualification, on top of the mandatory disqualification, for each life taken in a crash.

Ms Chapman said there was already a “multitude” of support programs available for victims.

She said the Commissioner for Victims’ Rights will launch a new campaign to inform victims of the support systems already available.

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Original URL: https://www.adelaidenow.com.au/news/south-australia/alleged-sa-killer-drivers-will-lose-licences-as-soon-as-charged-under-new-laws-called-for-by-advertisers-road-to-justice-campaign/news-story/1dbd9db7584d453dbcb2bf757930c669