Court refuses to accept triple fatal plea deal — unless DPP agrees

A MAGISTRATE has refused to allow prosecutors to drop death driving charges against a driver allegedly responsible for a triple fatal crash, unless the state’s top prosecutor signs off on the plea deal.

Mark Darren Burns is charged with three counts of causing death by dangerous driving over the crash at Beaufort last year that killed 14-year-old Jackson Tudhope and couple Brad and Rebecca Thomas. Picture: Tait Schmaal.

A MAGISTRATE has refused to allow prosecutors to drop death driving charges against a man allegedly responsible for a triple fatal crash, unless the state’s top prosecutor signs off on the plea deal.

Mark Darren Burns, 41, faced the Elizabeth Magistrates Court on Monday, over the deaths of Rebecca Thomas, 36, her husband Bradley Thomas, 32, and 14-year-old Jackson Tudhope, on the Yorke Peninsula last June.

Prosecutors asked the court to drop three counts of causing death by dangerous driving and two counts of causing serious harm by dangerous driving if Burns pleaded guilty to an aggravated count of driving without due care.

But Magistrate Simon Smart refused to accept Burns’ plea, saying he had serious concerns about dropping of the serious charges over the June 2015 crash — which robbed two children of their parents and took the life of a 14-year-old boy.

“It is a matter of concern to me that there are multiple charges such as these and the compromise has not been considered by the Director (of Public Prosecutions),” he said.

The two-car crash at the intersection of the Copper Coast and Yorke Highways happened about 11.15am on Monday, June 6.

Mrs Thomas died at the scene, while Mr Thomas and Jackson, a promising hockey player who represented the state, were rushed to hospital but died several days later.

Mr and Mrs Thomas, of Golden Grove, who left behind two children, were travelling in a different car to Jackson.

Police allege Burns, of Bridgewater, was driving a third car that allegedly caused the fatal collision but was undamaged.

Mr Thomas was later remembered by his friends and his baseball club as a family man with the heart of a lion.

Road crash victim Brad Thomas, who was killed at Beaufort on Monday, June 8, 2015. Photo: Facebook

Prosecutors told the court the dropping of the causing death and serious harm by dangerous driving charges had been approved by police investigators but the DPP had not seen the brief.

Magistrate Smart adjourned the matter to allow time for the DPP to consider whether to support the plea bargain.

Burns will appear again in court next month.