Former siege gunman Rodney Clavell’s girlfriend guilty of killing cyclist near Victor Harbor while high on drugs

THE former girlfriend of siege gunman Rodney Clavell who was high on drugs has been found guilty of killing a mother-of-three cycling near Victor Harbor.

THE former girlfriend of siege gunman Rodney Clavell has been found guilty of killing a mother-of-three in a road crash — but says she should be spared jail because of her own child.

In the District Court on Tuesday, counsel for Samantha Magdaleine Farrer flagged their intention to seek a suspended jail term due to their client’s 10-month-old son.

Gilbert Aitken, for Farrer, said the boy had been born after the fatal crash and would suffer hardship were she to be imprisoned.

“He has never been separated from his mother, and he doesn’t have any carer other than his mother,” he said.

“This is a relevant sentencing question, and something I will be concentrating on in terms of my submissions — the effects of imprisonment upon a child.”

Mr Aitken’s argument is likely to reignite debate over the imprisonment of pregnant women and new mothers in the state’s correctional system.

Samantha Farrer outside the District Court during her trial.

A court photograph shows the damaged sustained to Kathleen Heraghty’s bike after being hit by Samantha Farrer. Pic: SA Police

In January, twice-convicted drug trafficker Soraya Louise Constant asked her sentence be suspended because she could not care for her child in jail.

The court subsequently heard SA is the only mainland state without specialist detention for mothers and babies.

Constant’s plea for mercy was unsuccessful, and she will give birth to her second child in custody.

Farrer, 39, pleaded not guilty to causing the death of midwife, cyclist and mother-of-three Kathleen Heraghty, 48, in December 2013.

She is the former girlfriend of gunman Rodney Clavell, and was on bail when he shot himself during a tense siege that shut down the Adelaide CBD in June 2014.

Clavell made his last public appearance, prior to the siege, when he accompanied Farrer to a court hearing.

Court photo showing the crime scene, where Kathleen Heraghty was knocked from her bike. Pic: SA Police

At trial, prosecutors alleged Farrer was grossly impaired by methamphetamine when she hit Ms Heraghty on an almost 1km straight stretch of Inman Valley Rd, near Victor Harbor.

They further alleged she had not slept in the 24 hours prior to the crash and was on her way to visit her father following a Boxing Day party in Adelaide’s inner south.

Farrer’s passenger was asleep in the passenger seat at the time — she allegedly told him she had “hit a sign or fruit stall” and would pay for the damages.

Police at the scene of the fatal hit-and-run. Pic: Tait Schmaal

Damage sustained to the car driven by Samantha Farrer. Pic: SA Police

Ms Heraghty had been training for a local triathlon with her husband, Women’s and Children’s Hospital obstetrician Brian Peat.

She died at the scene despite the efforts of passers-by and paramedics.

Farrer’s counsel denied the accusations, saying there was no evidence of unlawful speed or poor driving.

They further argued it could not be proven that Farrer had taken the drug prior to the crash, saying she may have experienced a “microsleep”.

On Tuesday, Judge Gordon Barrett found Farrer guilty of one aggravated count of causing death by dangerous driving.

He also found her guilty of leaving the scene of an accident.

In his written reasons, he rejected the passenger’s evidence in support of Farrer — as "implausible”.

Crime-scene officers gather evidence after the fatal collision on Inman Valley Rd. Pic: Tait Schmaal

“It must have been perfectly plain to the accused almost immediately after the collision that she had hit a person,” he said.

“If they (Farrer and her passenger) had stopped the vehicle and looked at the damage they would have seen the blood-like marks ... nevertheless, they drove on.

“I am satisfied that, immediately after the collision, the accused was aware that she had collided with somebody ... unless she was delusional, she cannot have concluded that she hit a post.”

He said it was “unlikely” Farrer had fallen asleep, given she had earlier avoided another cyclist without incident, and was alert when speaking to police after the collision.

“I think that, by reason of taking the methylamphetamine, she was liable to be easily distracted from the task of keeping her eyes on the road ahead,” he said.

Prosecutors asked Farrer’s bail be revoked prior to sentencing but Judge Barrett declined, and remanded her to face submissions in August.

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