Retired District Court judge Wayne Chivell admits ‘catastrophic’ Anzac Hwy crash that severely injured an OzHarvest truck driver

A retired District Court judge and long-time state coroner hit the wrong pedal in his new Porsche and crushed a truck driver – moments after doing him a favour.

A retired District Court judge and former state coroner accidentally hit the accelerator instead of the brake and crashed into a charity truck driver who was pinned between the vehicles, a court has heard.

Wayne Cromwell Chivell, 71, had just informed the truck driver that his rear doors were open and returned to his black Porsche, purchased six months earlier, when the crash occurred.

He appeared in the Adelaide Magistrates Court on Wednesday and pleaded guilty to an aggravated charge of driving without due care over the December 3 crash on Anzac Hwy near the Cross Rd intersection.

The court heard Chivell went to place his foot on the brake when he accidentally hit the accelerator and launched into the truck driver as he went to secure the truck’s rear doors. The truck was pushed forward about 5m.

The court heard Chivell then reversed back slightly and went to help the victim.

Former state coroner and District Court judge Wayne Chivell outside the Adelaide Magistrates Court. Picture: NCA NewsWire / David Mariuz

The 66-year-old OzHarvest truck driver subsequently lost both of his legs below the knee. He also suffered a brain bleed.

In a victim impact statement, which the police prosecutor read to the court, the victim said he had lost his job, licence and ability to drive. His home had to be renovated to accommodate a wheelchair.

“Every day life, the simplest of things have changed drastically,” he said.

“The phantom pains and anxiety is crippling at times.”

The victim said he missed precious months with his family including his only grandchild’s first birthday and Christmas celebrations.

“I used to babysit my grandson every Tuesday afternoon which was such a joy to me. I now can no longer manage this on my own,” he said in the statement.

“Just having to rely on people and not to be independent is very frustrating.”

The prosecutor said Chivell told investigating officers during an interview that he “believed his foot slipped on to the accelerator, resulting in the collision”.

“He states he mistakenly believed the pedal was the brake and kept pushing in an attempt to stop,” the prosecutor said.

Through his lawyer, David Edwardson QC, Chivell offered a public apology for the “pedal error” which caused “catastrophic” injuries to the truck driver.

Wayne Chivell was a District Court judge when he retired in 2020.

“Needless to say this is an absolute tragedy,” Mr Edwardson said.

“I have been instructed to publicly apologise … apologise for this incident and how tragic it is.”

He said Chivell had concerns about the potential risk the truck’s open door could cause to other road users and “felt compelled” to help.

“It’s completely unintentional,” he said.

He said CCTV of the incident supported Chivell’s explanation of “pedal error”.

“He believed his foot slipped,” Mr Edwardson said.

The court heard Chivell was “personally devastated” by the crash and injuries he caused and had subsequently suffered PTSD symptoms, depression and stress.

Chivell has held legal positions including magistrate from 1980-1987, assistant crown solicitor between 1987-1993, state coroner between 1993-2005 and District Court judge from 2005 to 2020 when he retired at 70 as required.

He also held a position as auxiliary justice to the Supreme Court.

Magistrate John Wells said he would not be imposing a jail term on Chivell when he returns to court later this month but would likely impose a longer licence disqualification than required by law.

Chivell declined to comment outside court.