Killer driver Trevor Francis Stewart tells court he has no memory of crash that killed South-East couple Don and Senny McInnes
The family of the people he killed want answers, but this driver has none to give – telling a court he’s devastated he doesn’t remember the fatal crash.
Police & Courts
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When Don and Senny McInnes were killed in a head-on car crash, the South-East lost one of its most beloved couples – but Andrew McInnes was robbed of his mother and father.
While he knows how his parents died, and the impact of that loss on both himself and his brother Brian, Mr McInnes’ most important question remains unanswered.
On Wednesday, he told the District Court he still did not know why killer driver Trevor Francis Stewart lost control – making his struggle to recover all the more difficult.
“Mum and dad were some of the hardest-working people I’ve ever known … for them to be taken away in the blink of an eye is still difficult to comprehend,” he said.
“I just really want to understand why … I know the effect, but I don’t understand the cause … that seems to be missing from all of this.
“I still hold anger toward Stewart and (him) not being able to properly provide an explanation for what happened makes it difficult to forgive.
“I don’t know if this will ever truly be behind me without an understanding of why.”
However, lawyer Nick Healy, for Stewart, said no explanation would ever be forthcoming – and apologised on his client’s behalf.
“No one wants to provide answers to that heartbreaking question more than my client, but he just doesn’t have one because he has no memory of the incident itself,” he said.
“He doesn’t offer that as an excuse, but he has no idea because he has no memory … that devastates him.
“There are no winners in this case, only losers.”
In July, Stewart, 37, of Adelaide, pleaded guilty to causing the deaths of Mr and McInnes, aged 60 and 49, by dangerous driving in March 2019.
His car crossed onto the wrong side of a left-hand bend on Lucindale Rd, about 25km west of Naracoorte – causing a crash and a fire that incinerated both vehicles.
Mr and Ms McInnes were well-known restaurateurs in the area and had been planning both their 31st wedding anniversary and their retirement at the time.
On Thursday, Mr Healy told the court Stewart was not speeding, nor affected by alcohol or drugs, at the time of the crash.
“There are no aggravating features … this was a tragic, tragic accident,” he said.
He said those factors, together with his client’s genuine remorse, warranted a suspended prison term.
Prosecutors confirmed Mr Healy’s assessment of the case and conceded that, under state law, a suspended term could be imposed.
Judge Geraldine Davison remanded Stewart on continuing bail for sentencing in three weeks’ time.
Outside court, Stewart said he wanted to “say I’m sorry to the family”.