Janine Lusher given suspended one-month sentence for killing ex-SA Police officer Roland Higgins by driving without due care

This driver killed a man but accepted no blame, showed no remorse and gave no apology – and for her crime, she will serve no immediate sentence. Read why the court let her walk away.

An inattentive driver who killed a man, tried to blame him for his own death to deny her guilt, and failed to apologise for her crime, has received a one-month prison term – which she does not have to serve.

On Monday, the family of former SA Police officer Roland “Rollie” Higgins wept as the Adelaide Magistrates Court suspended Janine Lusher’s sentence.

The court said Lusher’s lack of demonstrated contrition, though “concerning”, could not outweigh her good character and prior 50-year spotless driving history.

Outside court, Mr Higgins’ daughter, Carolyne Carey, said the rationale for the sentencing had shaken her.

Janine Lusher and a supporter outside the Adelaide Magistrates Court. Picture: NewsWire / David Mariuz

“That was really upsetting, probably the worst part,” she said.

“The whole time (since the crash), we’ve wanted her to say ‘sorry’ but she never did … she has never said ‘sorry’.”

Her sister, Fiona Rossi, said she felt the sentence was unfair.

“Somebody loses their life, and then somebody else doesn’t go to jail just because they had good character before it,” she said.

“It’s almost like she (Lusher) felt like she didn’t have to say sorry because she knew she was not going to serve jail time.”

Lusher, 65, was found guilty at trial of causing the death of Mr Higgins, 82, by careless driving in a crash at Highbury in December 2021.

She was driving at 60km/h with her two grandchildren in the car, while his vehicle was travelling at 30km/h prior to impact.

Mr Higgins – a former police prosecutor and court sheriff’s officer who had driven that road regularly for 45 years – died from his injuries six days after the head-on collision.

Roland “Rollie” Higgins.

During her trial, Lusher tried to blame Mr Higgins for his own death, suggesting he was on the wrong side of the road.

Magistrate Justin Wickens rejected that claim, finding Lusher was in the wrong due to her poor lookout and inattention.

Prior to sentencing, prosecutors told the court they did not intend to seek to have Lusher serve an immediate prison term – allowing her to go on an overseas holiday.

Last month, Mr Higgins’ children told Lusher her denials had increased their grief – she replied she was “deeply saddened” by his death, but did not apologise.

On Monday, Mr Wickens said he had thought carefully about Lusher’s “statement to the court”.

“What’s concerning is that there was no concession that you accept that you were responsible for the collision on this day,” he said.

“This leaves the court in a position where, if that is the case, there can be little comfort you will guard against making the same mistake in the future.

“But there is a clear understanding on your part of the trauma and tragedy of the loss of Ms Higgins’ life … on balance, there is good reason to suspend your sentence.”

He placed her on a 12-month, $500 bond and disqualified her from driving for nine months.