Robert Noel Fisher jailed for death of David Mallett in Bundaberg crash

The wife of a Sunshine Coast businessman was on the phone to her husband the moment he was killed on Bundaberg path by the drunk driver of a stolen car.

Robert Noel Fisher jailed for death of David Mallett in Bundaberg crash.

Had she known it would be the last time they’d speak, she would have told him she loved him.

Instead, Julie Mallett could only tell the drunk driver responsible for her husband David’s death about the way his actions had sentenced her to “a lifetime of grief, heartache and emptiness”.

Her brave speech was delivered on Tuesday in Bundaberg District Court where Robert Noel Fisher, 29, pleaded guilty to dangerous operation of a vehicle causing death while adversely affected by an intoxicating substance, burglary and unlawful use of a vehicle.

The court heard Mrs Mallett had been speaking to her husband, who was in Bundaberg for business, on the phone as he walked from his hotel to pick up dinner from a nearby tavern on the evening of July 20, last year.

Unbeknown to them, in another part of town, Fisher, a man with a 11-page rap sheet who at the time was on bail or another dangerous operation of a vehicle charge, had been drinking before having an argument with a family member, heading into a man’s home and stealing a set of car keys.

He’d then gone on an 8.5km course of “deliberate, dangerous driving”.

Moments into the couple’s call Mrs Mallett heard her husband say ‘oh no’ before there was a loud commotion and the phone went silent.

She immediately tried calling back but there was no answer.

Two hours later her worst fears were confirmed. David, her ‘soulmate’ of 43 years, had been killed.

Robert Noel Fisher had a blood alcohol reading of 0.205 when a blood sample was analysed after the crash.

A man, who was driving to the gym that same night, saw Fisher driving in Bundaberg and was so concerned he called police and followed, the court heard.

Fisher was not driving with his headlights on.

At one stage, he did a ‘doughnut’, was driving at speed and making dangerous manoeuvres including reversing into oncoming traffic and speeding through a roundabout.

David Mallett was killed in Bundaberg after being struck by a stolen car. Picture: Facebook

It all ended when he took off at speed from a traffic light and lost control near Red Rooster on the corner of Bourbong and Bingera Streets.

Clutching a photo of her husband Mrs Mallett read from her impact statement - “I never had the time to say goodbye and never had the chance to say ‘I love you,’ that privilege was stolen from me forever”.

“At the exact moment he left, every single thing in my life changed, David’s death literally changed every single thing in my world going forward.

“Nothing has been the same and nothing will be the same ever, there is no normal in my life.

“It has changed the way I eat, what I eat, when I eat, if I eat and sleep, actually I don’t sleep, as I close my eyes I’m haunted by the ever present image in my mind of him being hit and hurt and lifeless and alone.

“I feel I have no identity without him, without David I feel I have no reason or purpose to be here without my soulmate.”

Fisher had mounted the kerb and hit Mr Mallett, who died at the scene.

A blood sample which was taken from Fisher returned a blood alcohol reading equivalent of 0.205.

Crown prosecutor Alexandra Baker told the court Fisher was subject to a suspended sentence and was also on bail for another alleged dangerous driving charge which was still going through the courts.

He had never held a licence.

“Mr Fisher is a danger to society, in my submission,” she said.

Fisher had stolen the car after an argument with a family member.

Fisher’s barrister Callan Cassidy told the court his client was “deeply remorseful” for his actions and had written a letter of apology while in jail.

Mr Cassidy said Fisher was “shattered” by what happened to Mr Mallett and would have to live with the consequences for the rest of his life.

The court heard Fisher was born in Bundaberg and moved with his family to Maryborough at a young age, but he returned a few years later to where he was living with his aunt and cousins.

Mr Cassidy said Fisher’s peer groups had never held jobs and were users of alcohol and drugs.

He said Fisher began drinking at 12 and using drugs at 14.

Fisher intended to move away from Bundaberg to a rural area upon his release and was working as a cleaner in his unit during his time on remand.

Judge Tony Moynihan described the offending as a “protracted course of deliberate, dangerous driving”.

Judge Tony Moynihan described Fisher’s offending as “deliberate dangerous driving”. Photo: Tara Croser.

He also took into account Fisher’s criminal history which included offences of violence and robberies, as well as entering premises.

He also took into account Fisher was on bail for a similar offence at the time as well as being subject to a suspended sentence.

“It is clear that this is a quintessential serious violent offence, there are circumstance and factors in this case which warrant an order requiring you to serve 80 per cent of the sentence as part of a just penalty,” he said.

“You are a mature offender with a history of serious anti-social behaviour, you were unlicensed and on bail when you offended, you present as a real and ongoing risk of reoffending and to the safety of the community.”

Fisher received a head sentence of 10 years imprisonment and will be required to serve 80 per cent before being eligible for parole.

He was also disqualified absolutely from holding or obtaining a driver’s licence.

455 days of presentence custody was declared as time already served.

Outside court Mrs Mallett said reading the victim impact statement was the hardest thing she’d ever had to do.

“I’ve not ever had to do this process before so it was hard to know what to really expect,” she said.

“It was really hard, I cried nearly all the way through it.”

While the family was satisfied with the sentence that had been handed down, she wasn’t sure there was “closure”.

“It’s hard to close the door on 43 years of marriage and 43 years of my life,” she said.

“I met this man when I was 16, and I’ve been with him for all my life and it’s really hard.

Mrs Mallett said the photo of David, which she held in the courtroom, really showed the essence of who he was.

“No matter where he went or what he did he always had a smile on his face and always had a Dad joke,” she said.

“He was just a really fun loving person who was loved by everyone.

“The loneliness is debilitating, waking up alone, going home alone, eating alone it’s a different kind of loneliness you could ever imagine.

“I can’t forgive what he’s (Fisher) has done, but I know because of my faith that I need to forgive him and I needed to let him to know that.”