Carer Stuart Daryl Gray refused bail over Brooloo double fatality
A carer who allegedly deliberately drove into a tree, killing two sibling clients, claims he’ll be ok if he’s released and can go back to work. *DISTRESSING*.
Police & Courts
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A carer accused of killing two clients by deliberately driving into a tree later pleaded for “suicide by cop” in the hospital, a court has heard.
Stuart Daryl Gray, 61, made a bid for bail at Gympie Magistrates Court Friday amid revelations a new charge of obstructing police had been laid.
This is in addition to the two existing counts of manslaughter over the May 26 deaths of siblings Norma Diana Dutton, 85, and Clive William Millers, 83, at Brooloo.
The siblings were killed when the car driven by Mr Gray struck a tree at the corner of Callemonda Rd and Mary Valley Rd.
Mr Gray was taken to the Sunshine Coast University Hospital for treatment of his own injuries suffered in the crash.
Defence lawyer Jamie-Lee Jessop told the court Friday any risk Mr Gray may pose to the community or himself could be mitigated by “stringent” bail conditions.
These included a ban on him driving and working with elderly patients, and ongoing psychological counselling.
Police prosecutor Mel Campbell objected to the bail, saying Mr Gary’s alleged actions and statements in the immediate aftermath showed a clear risk.
Mr Gray had allegedly driven off the road and straight at the tree, never swerving or slowing down before impact.
Sgt Campbell told the court when Mr Gray was in SCUH he got out of bed, grabbed his wallet and tried to leave the hospital saying, “I’m out of here, I’m not staying here anymore”.
The court heard police told him repeatedly he was under arrest but were forced to physically grab him and return him to the hospital room.
He then started struggling and pushing back past police, swinging his arms.
Officers were forced to handcuff Mr Gray and seek help from doctors and nurses, and he allegedly told officers to “just shoot him”.
Sgt Campbell told the court there was also concerns for his own safety if released on bail “with the allegations of the original offence relating to a suicide attempt”.
Ms Jessop said the circumstances of the alleged offending were “complex” with questions of mental health “front and centre”.
She told the court told the objection to bail submitted by police mentioned Mr Gray had been “experiencing hallucinations”, and at the time of his statements to police he was “likely medicated” due to his injuries.
The court heard this “could cast doubt on the reliability of the voluntary … admissions that were made”.
Ms Jessop said there was no medical evidence yet before the courts to make any determination on his mental state.
Magistrate Bevan Hughes rejected Mr Gray’s bail bid saying the alleged details of the case suggested the 61-year-old was an “unacceptable” risk to himself and others if released.
He said Mr Gray was “alleged to have already killed two people, he made contemporaneous statements at the scene that he intentionally drove into the tree in an attempted suicide, he reported ‘strange feelings’, and since the alleged killing … he attempted to leave hospital while in police custody with further allegations of what is often known as ‘suicide by cop’”.
Mr Hughes said the statements allegedly made by Mr Gray at the scene were “consistent with the two independent witness accounts of (Mr Gray) driving off the road and straight at a tree with no attempt to break or swerve”.
He said the Crown case was strong.
“Whilst mental health is relevant to culpability, I’m not satisfied ongoing counselling is sufficient to alleviate the risk,” he said, noting the application said Mr Gray suffered from PTSD and depression.
He rejected suggestions by the defence work would also mitigate the risk as “this (alleged) offending occurred while the defendant was working as a carer”.
“Two people are now dead under his watch, the ultimate breach of trust,” Mr Hughes said.
He said if proven by the prosecution, the manslaughter allegations would result in his being jailed as deliberately driving directly at a tree “shows more than criminal negligence and it shows a deliberate disregard for human life”.
Mr Gray was remanded into custody and a planned committal hearing on August 11 was delayed until September 9 to allow time for a brief of evidence to be provided to his lawyers by the police.
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