John Charles Robertson to spend four years on home detention for crash which killed cyclist near Quorn

A partially blind driver who hit and killed a cyclist will spend his jail sentence on home detention, as a District Court judge says he should never have been allowed to drive.

A partially blind driver who hit and killed a cyclist should never have been allowed to have his driver’s licence back, a District Court judge has said.

John Charles Robertson, 61, of Wilmington, suffered a stroke following a motorbike accident in 2013 which led to surgery which damaged the vision in his left eye.

However, he was cleared to drive by doctors after passing tests within the controlled environment of a medical clinic.

On Friday, Judge Simon Stretton said Robertson was a clear danger on the roads and should never have been allowed back behind the wheel.

“Someone who has no sight to his left is an obvious and palpable danger to other road users, particularly where, as here, the driving will include high speeds and for long distances,” he said.

“In this court’s considered view you should never have been given your licence back, you should never have been on a public road.

“That was the decision of the doctors and you are not to be penalised for that.

“I request these remarks be brought to the attention of the relevant doctors.”

At 8.20am on May 14, 2018, Robertson was driving on the Horrocks Highway near Quorn when he hit and killed a cyclist.

Robertson later said he had seen the cyclist in the distance but had not seen him again in the seconds before the crash.

On Friday, Judge Simon Stretton said Robertson had known the second he hit the cyclist and had stopped the car to help him.

The cyclist was killed on the Horrocks Highway near Quorn. Picture: Tait Schmaal.

He flagged down a car and performed CPR until an ambulance arrived and the 66-year-old cyclist was declared deceased.

Robertson co-operated with police and admitted what had happened during interviews that day.

He stood trial in Port Augusta on a charge of aggravated causing death by dangerous driving.

While he admitted his role in the accident, Robertson denied that he had been driving dangerously at the time.

The jury found that Robertson had been driving with a “defective lookout”, the term used for dangerous levels of inattention while behind the wheel.

He also had low level traces of cannabis in his system.

The court found that the cyclist had been riding on the correct part of the road and wearing high visibility clothing.

Judge Stretton said that to understand the circumstances of the crash it was necessary to go back and ask why Robertson had been on the road in the first place.

“As a result of an operation you suffered a stroke resulting in complete left side visual field loss in both eyes,” he said.

“What that means is that looking straight ahead you have no vision at all to the left of a point in front of you in either eye.

“In other words you were and remain entirely blind on your left side.”

After seeing numerous medical professionals Robertson was cleared to drive but only during daylight hours.

Over time even that condition was removed.

Robertson was sentenced to four years in prison with a three year, two month and 12 day non-parole period.

Judge Stretton ordered that Robertson, who has no other criminal record and myriad health issues, serve the sentence on home detention.