'She was looking down': Inattention blamed for deadly crash

LIVES were shattered in the wake of a crash that killed a family man and badly injured three women after Jade McDonagh veered into the path of oncoming cars.

TRAGIC CONSEQUENCES: Jade McDonagh leaves Ipswich Magistrates Court after being sentenced for dangerous operation of a vehicle causing death. Picture: Ross Irby

LIVES were left shattered in the devastating wake of a car crash that killed a family man and badly injured three women after Jade McDonagh's small Nissan Micra veered into the path of three oncoming vehicles.

Her eyes were not on the road ahead.

Instead, McDonagh was seen to be looking downward at her lap by the first oncoming driver who swerved his ute to narrowly miss her car.

Robert Weston, who was behind the wheel of the next vehicle, wasn't so lucky.

Neither was Mr Weston's wife Linda Weston, who was in the back seat and suffered terrible injuries. Another woman in the Weston's car also suffered injuries.

McDonagh's car then collided with a second vehicle, injuring its female driver.

The scene of the fatal crash. Picture: Contributed

As anxious family and friends gave 24-year-old McDonagh comfort and support before she was sentenced in the Ipswich District Court, great empathy and forgiveness was also shown to her by Mrs Weston, who embraced her outside the courtroom.

She again embraced a tearful McDonagh after the sentence was complete.

Jade Emily McDonagh, a hairdresser from Boonah, pleaded guilty to the dangerous operation of a vehicle causing the death of Robert Weston at Ipswich-Boonah Rd, Washpool on April 8, 2016. She was 21 at the time.

Crown prosecutor Noel Needham said McDonagh was driving north towards Ipswich and Mr West was second in a line of three cars travelling south.

The accident occurred near the crest of a hill on a slight curve to the left.

"Her car drifted toward an oncoming ute which took evasive action," Mr Needham said.

"He noted she was looking down at her lap."

Robert Weston, pictured with wife Linda. Picture: Contributed

McDonagh tried to correct her car but lost control in the 100km/h speed zone and careered into Mr Weston's car. The impact spun his Hyundai off the road.

Mr Needham said the dangerous act was McDonagh letting her car drift on the wrong side of the road during a period of inattention.

"There is no evidence she was distracted by anything particular or by a mobile phone," he said.

"But there is evidence she was not watching the road.

"There is no evidence she was speeding. It is a 100km/h speed zone and it wouldn't have taken much inattention to see her create this situation."

Judge Dennis Lynch QC queried if there was any evidence about the use of a mobile phone, or using maps.

"There is no evidence to suggest a deliberate choice was made (to be distracted)," he said.

"All we can say is that she was looking down.

"She has genuinely no recollection of the moments leading up to the crash.

"The short answer is we don't know."

Photos of the Washpool crash scene and the three wrecked cars and debris were tendered to Judge Lynch.

Mr Needham read the victim impact statement of Mrs Weston. It detailed the suffering she endured as a result of her injuries and emotionally after the loss of her husband. The couple was described as "inseparable".

There were also ongoing financial repercussions. Her son Cameron Mitchell resigned from his job to care for her.

"I have learned to live a 24-hour nightmare," Mrs West said.

The Crown did not seek for McDonagh to serve actual jail time, labelling her actions as "a brief, non-deliberate act of dangerous driving".

Defence barrister Stephen Kissick said it was a case of momentary inattention and he sought her release on a suspended sentence.

"Facts demonstrate she had a dog in the car but this was properly restrained," he said.

Mr Kissick said McDonagh spent four days in hospital with some brain bleeding with no medical intervention needed, and has post-accident amnesia.

"The consequences of the collision were disastrous," Judge Lynch said, outlining the death and serious injuries suffered by the victims.

"For Mrs Weston, the consequences have been catastrophic and impacted on her daily life."

"Her mobility was severely compromised, her income reduced and she experienced isolation, depression and loneliness.

"With a wider impact on her family, her son becoming the primary carer."

Judge Lynch said he noted "the grace and courtesy of Mrs Weston" in communicating to McDonagh at the court.

He said McDonagh was clearly not a person to habitually break the law and led a decent law abiding life. McDonagh was sentenced to 18 months' jail, immediately suspended for three years. Her licence was disqualified for two years.

Linda Weston with son Cameron Mitchell. Picture: Ross Irby

Crash victim speaks of ongoing battles

LINDA Weston's life changed forever after a young driver's inattention took the life of her husband Rob and left her suffering injuries and a terrible loss.

Her Victim Impact Statement was read to the court by the Crown.

In part it read:

"Having eight broken ribs, the mere act of drawing breath meant pain.

To sneeze meant agony.

I have learnt sleeplessness.

I hobbled, using a walking cane with a broken knee.

After 11 months I was able to walk around with the use of a walking cane.

I have learnt pain.

During wet or cold weather the ache in bones that were broken were constant.

I have learnt rain. I have learnt winter.

PTSD is severe and carries with it a raft of side issues. Treatment is ongoing. I have learnt to live a 24-hour-a-day nightmare.

I live alone in a rural area. It is not the location where people just happen to drop in to visit. For more than a year I was unable to drive.

Days would pass without contact with anyone.

I have learnt isolation. I have learnt loneliness.

My only assistance has been from my son Cameron who had to resign from a full-time salaried position to look after me.

Prior to the accident household income was in excess of $120,000. This was reduced to $14,190 on Newstart Allowance for almost two years.

In March being granted Disability Support Pension of $23,688 made a slight improvement.

Bills, however, do not reduce in situations such as these and items such as food, heating and vehicle costs become luxuries.

I have learnt hunger.

The insurance to pay out the mortgage in the event of Rob's death was denied me for four months while the insurer kept insisting that Rob's death certificate was "highly suspicious".

An understanding bank manager was the only thing between me and homelessness.

I once had a life and lifestyle. Rob and I were inseparable. We travelled, kayaked and hiked.

I had a high level of fitness. This is now gone.

We took pride in our immaculate property and home.

I have learnt weeds. I have learnt dust and cobwebs.

Rob was a gentle and caring man who gave freely of his time to his community and to those who knew and loved him well.

He set examples of solid values, ethics and decency. He was a deep thinker and considerate in his speech, his words could calm.

My last memory of Rob is his twisted, lifeless body. I was so broken that I could not get to him to try and assist. Calling him over and over again elicited no response.

I will carry this with me for the rest of my life.

I have learnt that while everything about me except my body has died, I must endure the hopelessness of days."

Mrs Weston included the lyrics of Not A Day Goes By' by Stephen Sondheim to help explain her feelings.