Janine Lusher guilty of aggravated driving without due care over crash that killed Roland Higgins

A careless driver found guilty of causing a head-on crash – which left a retired police officer fighting for life for days before he passed away – won’t be given a jail sentence.

A woman has been found guilty of killing a retired SA Police officer in a head-on car smash – and been told she will not be going to jail so she can “enjoy” her impending overseas trip.

On Friday, and after six months of deliberation, the Adelaide Magistrates Court found Janine Lusher guilty of aggravated driving without due care.

Roland Higgins. Picture: File

Magistrate Justin Wickens said he was satisfied Ms Lusher’s conduct behind the wheel was responsible for the death of Roland “Rollie” Higgins, who was also a respected Courts Sheriff’s Officer.

However, he declined to remand her in custody after prosecutors conceded they would not be seeking to have her serve an immediate prison term.

John Lyons, for Ms Lusher, said he would communicate that to his client, who listened from the public gallery.

“Her bail has already been varied so she can travel from March 22 to April 11 … she’s going overseas,” he said.

“I will put her mind at rest so she can still enjoy her holiday.”

Janine Lusher outside the Adelaide District Court in March last year. Picture: David Mariuz

Ms Lusher, 65, pleaded not guilty to causing the death of Rolland “Rollie” Higgins, 82, by careless driving in a crash at Highbury in December 2021.

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.

At trial, prosecutors alleged Ms Lusher had “departed from her lane” into Mr Higgins’ path and failed to see him “until the point of impact”.

They said she “did not swerve, she did not brake” and was therefore “responsible for the crash”.

Her counsel, however, blamed Mr Higgins for his own death, suggesting he “went on to my client’s side of the road and corrected back to his side of the road”.

Ms Lusher, he claimed, was “was trying to avoid an accident and went right, which put her on Mr Higgins’ side of the road, and bang”.

By his verdict on Friday, Mr Wickens rejected those defence assertions and found the prosecution had proven its case beyond reasonable doubt.

He said he would hear sentencing submissions – including victim impact statements from Mr Higgins’ family – and sentence Ms Lusher on the same day in April.

“It’s very important that victim impact statements be prepared and people have the opportunity to make their feelings known about this matter,” he said.