Premier pledges overhaul on driving laws after Alexander Damian Campbell acquitted

Existing owners of high-powered sports cars would need additional training to drive cars they already own, under a proposed law overhaul.

A proposed new licensing scheme for motorists who want to drive “elite, high-powered super sports cars” – being considered in the wake of the death of Sophia Naismith – would apply to people who already own such vehicles.

Premier Peter Malinauskas has conceded he expects some “resistance” from existing owners of the cars to be targeted, but is “determined” to make the change.

Addressing a suite of proposed reforms outlined in The Advertiser, Mr Malinauskas said the one element he thought “could be subject to a degree of resistance is from sports car owners who might not want to go through a licensing program that requires additional training for them to drive cars they’ve already got”.

“But if it actually contributes to road safety then so be it,” he said.

“If you believe it is the right thing to do for (new owners) it can’t just be prospective, I believe it’s got to cover everybody.”

On Friday night, Premier Peter Malinauskas revealed he would be ordering an overhaul of South Australia’s driving laws after the controversial Sophia Naismith Lamborghini crash case,

Public outrage erupted after the District Court this week cleared Alexander Damian Campbell, 37, of causing the death of the popular schoolgirl, and serious harm to her best friend, Jordyn Callea, both 15, in June, 2019, by dangerous driving.

But in a significant legal landmark for Sophia’s family a day after the controversial verdict, the state government will present “important” driving laws to parliament this year.

It is expected they could be approved and in place by early next year, Mr Malinauskas has said.

On Friday he spoke for 20 minutes with Sophia’s parents, Pia Vogrin, 48, and Luke Naismith, 49, and said he had ordered several government agencies to take “immediate action”.

“Like all South Australians, I was shocked to learn of Sophia’s death,” he said. “For any parent, the thought of losing a child is unimaginable.”

Sophia Naismith was just 15 when she died, while walking on the footpath. Her friend was seriously injured. Picture: Supplied by family

As The Advertiser foreshadowed, the reforms – set to have bipartisan support and which Police Commissioner Grant Stevens supports – include:

ESTABLISHING a new licensing scheme for motorists who want to drive “elite, high-powered super sports cars”. Authorities said drivers would be required to comply with specific training and other requirements, similar to motorcycle and truck licences;

TOUGHENING laws, which ban drivers accused of killing a person from holding a licence until their case is resolved;

BANNING the disabling of traction control in high-powered vehicles. Campbell’s trial was told his white 2016, $330,000 Lamborghini Huracan – with personalised number plate “PSYKO” – had an electronic stability control system “deactivated”; and

A JOINT SA Police and Attorney-General’s review will explore proposed changes to the Criminal Law Consolidation Act “relating to a death occurring because of unacceptable driver behaviour”.

The Naismith family have called for a new “reckless homicide” driving offence, which would be a “mid-tier” charge between causing death by dangerous driving and aggravated due care.

Mr Malinauskas said there was currently a “big gap” between the penalties for those two offences and government would actively consider “whether or not we need a new class of offence … so that there’s not just the high bar that has to be reached before substantial penalties can be applied”.

On withholding driver’s licences, Mr Malinauskas said he wanted to strengthen laws “to really put a strong impetus on the court that unless it is the most extreme of circumstances someone can’t get a licence unless they’ve been found not guilty”.

“The presumption needs to be against someone getting their licence back,” he said.

“As a community we say it’s a reasonable thing to do to deprive people of their liberty by putting them on remand while they’re waiting to go through a criminal process.”

Campbell, a father-of-one from Elizabeth North, pleaded guilty to aggravated due care and denied driving dangerously after Sophia died instantly from critical head injuries.

He faces a maximum one year in jail and a six-month driving ban. He will face sentencing submissions next month.

The Naismith family yesterday thanked the Premier for “the speed and compassion with which he has responded” to their calls.

While Sophia’s parents said “no changes will bring Sophia back or lessen the pain our family feels” they believed the proposed changes would make the state’s roads safer.

“So many families before us have tragically lost a loved one on the roads and have been failed by gaps in the legal system,” they said in a statement.

“We remain extremely disappointed with the verdict and we are hopeful that the DPP (Director of Public Prosecutions) will appeal the decision.”

Alexander Campbell leaves the District Court with his wife Diana, after a not-guilty verdict of causing death by dangerous driving. Picture: Tricia Watkinson

Sophia’s parents on Friday night welcomed the Premier’s intervention.

“The Premier was kind enough to call us … and express his support and explain the changes he is proposing to make to the road traffic laws,” they said.

“We are grateful to the Premier for the speed with which he has responded to our calls for reform.

“These laws will make our roads safer. We look forward to seeing the laws introduced in parliament where we hope they will receive support from all parties.”

They added: “No changes will bring Sophia back or lessen the pain our family feels.

“However, we hope that the much-needed reforms will make drivers more accountable for their behaviour on the roads and reduce the trauma for families.”

During his meeting with her parents, Mr Malinauskas advised the government would draft legislation “to implement their proposed reforms”.

The Premier, who agreed young people should feel safe on roads and footpaths, paid tribute to the family’s bravery.

Sophia’s father Luke Naismith, Sophia’s sisters Ursula and Saskia and her mother Pia Vogrin, leave the District Court. Picture: Tricia Watkinson

“Every South Australian following the tragic loss of Sophia Naismith cannot help but admire the courage shown by her parents and family,” he said.

“I want to thank Pia and Luke for their advocacy, and I hope these reforms will prevent such a tragedy from happening to another family.

“Work will now commence to bring these reforms to fruition.”

He said he had directed relevant government agencies to “immediately commence drafting legislation and I hope that the parliament will support these important reforms”.

Earlier, Opposition leader David Spiers said he had a “sense of disbelief” at the verdict and was eager to work with the family on bipartisan law reforms.

“There is clearly a need to look at law reform in the area of reckless driving.”

“It certainly doesn’t meet my personal expectations, it’s just heartbreaking,” he said.