Scott Kruger, admits to ‘clotheslining’ motorbike rider Daniel Croon in new civil trial
A motorbike rider was wrongly convicted for crashing into a man who claimed his arm was “swinging in the breeze” but later wrote in a text he “clotheslined” him and his then girlfriend, a court has heard.
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A Cairns motorbike rider was wrongly convicted for crashing into a man who claimed his arm was “swinging in the breeze” but later wrote in a text he “clotheslined” him and his then girlfriend, a court has heard.
Daniel Cronn stood trial in Cairns District Court for dangerous operation of a vehicle occasioning grievous bodily harm in October 2018.
He said he was disgusted how the legal system initially failed him.
“I was told I could have faced over 10 years in prison for something I didn’t do,” he said.
“The fact that I was even put in that position is horrifying,
“I am beyond disgusted with how the legal system failed me in 2018.”
It was alleged Mr Cronn rode at Scott Kruger on June 9, 2017 on a nature strip bordering Ramsey Drive.
He pleaded not guilty to the charge, however, was convicted in October 2018 and placed on a wholly suspended 18-month imprisonment term and was banned from holding a driver’s licence for 12 months.
But new details of what happened almost eight years ago have been revealed following a civil trial held at Cairns District Court in October last year, where Mr Kruger sought damages for personal injuries sustained in the crash — a claim which was ultimately dismissed.
At the first trial, Mr Cronn was 25 years old and claimed the crash was accidental.
“Imagine losing a decade of your life because of sheer incompetence,” Mr Cronn said.
“My lawyers didn’t bother to investigate or look for any evidence — they showed no interest in actually defending me and were only after their paychecks.”
In court, Mr Cronn testified he tried to swerve around Mr Kruger but saw “an arm figure coming up” just before losing consciousness.
“When we were punched off my pit bike that day, I suffered a fractured back,” he said.
“I have been in constant pain ever since. It has changed how I walk, put unbearable strain on my hips, and made working a daily struggle and yet, for years, no one cared.”
Mr Cronn’s former girlfriend and passenger at the time of the accident, Cassandra Hopper, said Mr Kruger had stepped directly into their path.
She recalled being knocked unconscious after her boyfriend’s head hit hers.
She alleged Mr Kruger said, “You had it coming. You deserved it.
“For years the legal system failed to see the truth,” she said.
She said this experience has had lasting consequences and those wrongly accused deserve better.
“The system not only failed to protect me but also left me to deal with the aftermath,” Ms Hopper said.
On March 7, Judge Trevino KC, dismissed the civil claim.
He said Mr Kruger had admitted to acting aggressively by stepping in front of Mr Cronn’s bike.
In his 46-page judgment he noted a significant inconsistency between Mr Kruger’s testimony in the civil case and his statements in the criminal trial from 2018.
He outlined a daming text message from Mr Kruger to his former partner, in which he admitted to “clotheslining” or “coat hanging” Mr Cronn.
During the civil trial, Mr Kruger accepted under cross-examination if he had indeed “coat-hangered” Mr Cronn, it would undermine his case.
Clinical notes from the Cairns Mental Health Service were also tendered as part of the trial, stating Mr Kruger had “stepped away and clotheslined the rider”.
Judge Trevino was critical of Mr Kruger’s version of events.
“I do not accept his evidence about how the incident occurred,” Judge Trevino said.
Further text messages from Mr Kruger to his former partner revealed he described his actions as “a dumb thing to do,” calling it a “split-second decision”.
Judge Trevino concluded if he had not deliberately swung his arm at Mr Cronn, the bike would have passed him without incident.
“Had Mr Kruger not deliberately swung his arm at the first defendant, the bike would have travelled safely past him without making contact,” he said.
Additionally in the March trial, Judge Trevino not only dismissed the claims against Mr Cronn but stated Mr Kruger had intentionally struck Mr Cronn in the head during the confrontation.
“The plaintiff’s actions in deliberately striking the first defendant amounted to, at the very least, common assault.”
Mr Cronn said despite the truth finally coming out, the criminal charges were still against his name.
“I am still being punished for something I didn’t do. The fact that this hasn’t been corrected is just another failure in a long list of mistakes by the legal system,” he said.
“No one should ever have to fight this hard just to prove the truth.”
Mr Kruger’s lawyers and Queensland Police Service were contacted but declined to comment.
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Originally published as Scott Kruger, admits to ‘clotheslining’ motorbike rider Daniel Croon in new civil trial
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