Mark John Black pleads guilty to fatal Yalboroo crash that killed Rebels member David Collins

A NSW driver who killed a Rebels bikie in a traffic crash while travelling to a Qld bush festival pushed to have his name withheld out of fear someone would seek retribution.

New South Wales man Mark John Black, 28, (dark button up shirt, tie, black slacks) leaves Mackay Magistrates Court after pleading guilty to the fatal crash that claimed the life of David Collins on September 16, 2023 on the Bruce Hwy at Yalboroo. Picture: Janessa Ekert

A driver who killed a Rebels bikie member in a crash sat shaking as he faced a magistrate for reckless driving causing death.

The dramatic scene unfolded after his lawyer pushed to have the 28 year old’s identity withheld out of fear someone would seek retribution.

“You look nervous,” Magistrate Damien Dwyer told Mark John Black before the sentencing hearing began.

“Perhaps with good reason.”

Before any details of the roadside tragedy were laid bare Mackay Magistrates Court heard there was an application for a non publication order against the 28 year old’s name, but it was sharply rebuked.

Prosecutor Sheena Gravino opposed the order and told the court there was no current intelligence “that there was any ill will towards” Black by family members or the Rebels.

“There’s no specific threat or concern held by police,” Ms Gravino said.

New South Wales man Mark John Black, 28, leaves Mackay Magistrates Court after pleading guilty to the fatal crash that claimed the life of Rebels rider David Collins on September 16, 2023 on the Bruce Hwy at Yalboroo. Picture: Janessa Ekert

“I can’t see any reason why this should not be published,” Mr Dwyer told Black’s New South Wales-based lawyer Francis Devine.

“This is a serious offence that occurred in the Mackay district, it’s being sentenced in the Mackay district, why aren’t the people in the Mackay district entitled to know.”

The non publication order was rejected.

‘Catapulted into the windscreen’

Black, from New South Wales and who had been travelling south on the Bruce Highway heading to the Mushroom Valley Festival, had merged into a turning lane for Cathu-O’Connell Rd at Yalboroo in the Mackay area just before midday on September 16, 2023.

As he turned across the oncoming traffic lane Black was focusing on an oncoming vehicle in the background and “did not notice the motorcycle until the last second, right before impact”, Ms Gravino said.

Bakers Creek dad and Rebels rider David ‘Dirty’ Collins, 71, was “catapulted into the windscreen” of Black’s blue Toyota hatchback before he was thrown over the bonnet of the car landing about 25m from the point of impact.

Mr Collins had been riding to Townsville when he was struck near head-on at the Cathu O’Connell River Rd turn off.

Police who had been nearby performing roadside tests were immediately on scene, as were paramedics.

Tragically Mr Collins died on the way to hospital and is one of 17 road related deaths across Mackay Whitsundays in 2023.

The court heard Black “appeared to be in distress” at the scene and “was screaming I’m sorry, I’m sorry”.

Mr Collins’ sister Felicity, who travelled from Melbourne to read a victim impact statement from the family, said the death had “left us feeling broken hearted and robbed” for the loss of a man who at 70 had delayed retirement and work a seven-day roster to help his daughter keep her home.

David Collins’ (pictured) family travelled from Melbourne and Perth to be in Mackay court for Black’s sentence over the fatal crash. Photo: Contributed

“Hard to describe how we feel about the loss except to say the world was a better place (when he was alive),” another sister Louise said.

“He showed us we had choice and we could do what makes us happy … what makes us free.”

There was no indication any of the fatal five factors were involved in the crash.

‘He just simply didn’t see him’

Black, who works in the public sector pleaded guilty to driving without due care and attention causing death on the first day it was mentioned in court, had no criminal history and only two entries on his traffic history.

Mr Dwyer raised concern over the letter of apology Black wrote to the family labelled it “a poor bugger me letter”, with only a “cursory” mention of the impact his driving conduct had on the family and friends of Mr Collins.

“I don’t accept for one moment that this was deliberate … he just simply didn’t see him,” Mr Dwyer said.

Black twice tried to say sorry to Mr Collins’ family both inside and outside the court. Picture: Janessa Ekert

“There’s no malice involved … but this has led to the death of a man.”
Mr Dwyer accepted Black had been aware of the road as he had driven to the festival the day before and it was a fine and clear day, but said taking away the very tragic outcome this type of driving without due care and attention was at the lower end of seriousness for that charge.

“(Mr Collins) was doing nothing more than what he enjoyed just travelling on a road on his bike when unfortunately this happened,” Mr Dwyer said.

“If you take the emotion out of this and … unfortunately for me I have to do that … if we take the circumstance of aggravation out it’s an everyday run of the mill due care and attention I have here … many times in the week.

“It was simply the fact that you saw the car behind Mr Collins and you didn’t see Mr Collins.”

As a result Mr Dwyer fined Black $12,000 and disqualified him from driving for 12 months. A conviction was not recorded.