Alexander Campbell acquitted of death by dangerous driving in Sophia Naismith crash, as family calls for urgent driving law reform
The family of Sophia Naismith, who was killed by a Lamborghini when it slid off the road, says a huge gap in SA’s laws allows “reckless” drivers to escape unpunished.
Police & Courts
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The family of popular Adelaide teenager Sophia Naismith, who was killed by a Lamborghini, want major reforms to the state’s motoring laws after the luxury sports car’s driver was acquitted over her death.
After a two-week trial, Alexander Damian Campbell, 37, of Elizabeth North, was on Thursday found not guilty of causing death by dangerous driving in a crash that killed the 15-year-old in June 2019.
In a judgment after four weeks of deliberations, District Court Judge Paul Muscat also acquitted the father-of-one of causing serious harm by dangerous driving to Sophia’s best friend Jordyn Callea, now 18.
The teenagers, best friends at Brighton Secondary School, were walking along Morphett Rd, Glengowrie, just before 10pm on that Saturday, June 22.
Campbell, who pleaded guilty to aggravated driving without due care but denied driving dangerously, was behind the wheel of his high-powered $330,000 white 2016 Lamborghini Huracan when it slid off the road.
There were audible gasps in the courtroom when the verdict was handed down, with supporters of the Naismith family weeping and swearing.
Campbell remained expressionless in the dock as he was acquitted.
Afterwards the families embraced and supporters yelled “shame” as Campbell left court.
He refused to comment as he left, holding his wife’s hand and surrounded by a large group of his own supporters.
Outside court, Sophia’s father Luke Naismith said he believed the justice system had “failed us” and flagged a possible appeal.
“Today’s verdict has devastated our family,” Mr Naismith said.
“This decision … deepens our family’s sense of loss and our pain and suffering.
“Since her death we’ve placed our faith in the legal system in the unwavering belief that justice would prevail. Today it has failed us and all South Australian families whose innocent children deserve to feel safe on our roads and footpaths.”
His lawyer Craig Caldicott said his client had argued it was an accident from the start.
“It was a tragic accident,” he said.
Judge Muscut ruled charges that Campbell has driven dangerously were not proven beyond reasonable doubt.
“This has not been an easy case to cover,” he said. “On my careful assessment of the whole of the evidence that the prosecution presented at the trial, and the arguments by the parties, the sufficiency of the evidence to prove the charges are not satisfied.”
In an exclusive interview, Sophia’s parents, Pia Vogrin and Luke Naismith, who have two other daughters, called for a major overhaul of driving laws.
This includes:
CREATING a new “reckless homicide” law as a mid-tier offence with suitable deterrent penalties;
LAUNCHING a new graded licence system for motorists who wish to drive high-powered sports cars. This would be similar to a motorcycle or truck licence that requires specified training and other requirements;
BANNING drivers accused of killing a person with a car from holding a licence or getting behind the wheel until their case is resolved through a plea, verdict or charges being dropped, and
A NEW hoon-driving crackdown to target street or drag racing, including evidence that a race had either started or was being considered.
“We’ve had to really advocate for justice for Sophia,” said Ms Vogrin, 48, an events and marketing manager.
“And as her parents, it’s effectively one of our last opportunities to … fight for justice. You don’t expect that you actually have to do but you need to.
“This is this is our role, we’re Sophia’s parents forever. Right now, our role with Sophia as our child is to unfortunately advocate this.”
She added: “I would rather that we weren’t even having this conversation. That’s the reality of it. I would rather that we weren’t talking about the death of Sophia and that you weren’t writing a story about her achieving, you know, something as an adult, which has been taken from her.
“I think you want your kids on a path to greatness. But your kids should have the right to have a life.
“And in this case, Sophia’s life was taken from her and that is where we find ourselves now.
“A family without daughter, parents without a daughter, sisters without a sister. So you know, we didn’t choose this at all, and would not choose this for anybody.”
Mr Naismith, 49, a movie theatre manager, said the family wanted to see safer South Australian roads.
“We’ve been pushing, having meetings (with authorities) when others might not need to, even because of the nature of the incident, being with a car,” he said,
“It has all these different sorts of ramifications – or lack of, to be honest with you, as opposed to some other kind of crime.
“That could have been easy for them to not even take it to trial. Because the law is there but … we don’t think it’s strong enough, even harsh enough, as a penalty if someone does get a conviction.”
During the trial last month without a jury, Kos Lesses, prosecuting, revealed evidence that Mr Campbell was seen driving erratically hours before the crash.
But Craig Caldicott, defending, told the court in his closing address the accident had been a tragedy, but his client had not intentionally driven dangerously.
Experts, including elite drivers, said the Lamborghini’s wheels were worn down and inappropriate for the cold weather that night.
Combined with the power of the car and Mr Campbell’s admission to driving the car in a mode that disabled the traction control, the court heard it was likely the Lamborghini was sliding sideways within seconds of him accelerating.
Campbell was remanded on continuing bail to face sentencing submissions next month. He now faces a maximum 12 month jail term and a six month licence disqualification.