Trial of SA Ambulance officer Matthew James McLean, over patient’s death in road crash, delayed until October by COVID-19
Four years ago, his specialist vehicle rolled over and his patient died. Since then, this SA Ambulance officer has been waiting to stand trial – now it’s been cancelled due to the COVID-19 pandemic.
Police & Courts
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Another South Australian trial has fallen victim to the COVID-19 pandemic – reducing an ambulance officer, who has spent almost four years accused of killing a patient in a rollover, to tears.
SA Ambulance Service officer Matthew James McLean openly wept in the dock on Tuesday as Judge Sophie David vacated his scheduled District Court trial.
She said that, while the court had banned new jury trials until May 1, the existing trial schedule meant McLean’s case could not be heard until September at the earliest.
There was, however, more grief to come for the alleged killer driver – neither his own defence counsel, nor prosecutors, were available until mid-October, necessitating a further seven-month delay.
McLean cried again, and put his head in his hands, as the arrangements were made.
Outside court, Ambulance Employees Association president Phil Palmer said the new delay had added to the toll on McLean and his family.
“Matthew feels like he has had a four-year sentence already, waiting for this trial … this is very, very hard for his family and his four young kids who, every day, worry whether their father is going to jail,” he said.
“Unfortunately, COVID-19 has changed things, all our lives have been disrupted and we are not blaming anyone – but it’s very unfortunate that it’s taking this long.
“It’s been nearly four years … he’s very distressed.”
McLean, 42, has pleaded not guilty to causing the death of Karen Biddell, 48, by dangerous driving at Virginia on August 16, 2016.
Previously, prosecutors have alleged he was behind the wheel of a $240,000 bariatric vehicle – a specialist ambulance designed and equipped to carry obese patients – when it crashed.
They have further alleged Ms Biddell’s 16-year-old daughter also suffered injuries in the crash.
If convicted, McLean faces a maximum 15-year prison term.
McLean’s trial was scheduled to start on Monday, however Judge David gave him and his counsel time to decide whether or not they would proceed without a jury or wait until after the COVID-19 countermeasures had concluded.
On Tuesday, Stephen Apps, for McLean, said his client had come to a decision.
“I’ve taken instructions and my client would still prefer to have a trial with a judge and a jury,” he said.
Noting McLean’s tears, Judge David said she wanted to be certain.
“He appears a little distressed,” she said.
Mr Apps replied: “yes, he’s distressed all the time about this matter.”
Judge David remanded McLean on continuing bail until October.
Outside court, Mr Palmer said the association would continue paying McLean’s legal costs and “maintained Matthew’s innocence”.
He said that, since the charges were laid, McLean had been “off the road” and undertaking alternate duties in SA Ambulance offices.
“That’s been demoralising for Matthew because he loves patient care, which is why he chose it as his vocation,” he said.
“Helping people is what he loves to do, yet he has this sword of a possible 15-year jail term hanging over his head.”