Ipswich miner Roger Cossar acquitted of Capricorn Coast fatal crash

A miner accused of dangerous driving causing the death of a Capricorn Coast mother of four in a collision on a rural road has been acquitted by a judge.

A miner accused of dangerous driving causing the death of a Capricorn Coast mother of four in a collision on a rural road has been acquitted by a judge.

Brianne Doyle had just dropped her kids off to school and was heading to work when her Toyota SUV was involved in a serious collision with a campervan on Tanby Rd, Yeppoon, on October 22, 2020.

She died from her injuries a week later on October 29.

Brianne Doyle, a mother of four, died in hospital after she was involved in a serious crash on Tanby Rd.

Roger Michael Cossar, the driver of the campervan involved in the collision, was charged with one count of dangerous operation of a motor vehicle causing death.

He defended the charge this week in Rockhampton District Court and after the Crown’s case was closed, his defence barrister Ruth O’Gorman made a successful “no case to answer” submission.

Defendants can make the argument the charge should be dismissed because the prosecution has not provided sufficient evidence.

Ruth O'Gorman KC. Picture, John Gass

Judge Jeff Clarke, in handing down his decision on the “no case to answer” application, said Mr Cossar was driving south on Tanby Road on the morning of the accident.

The court heard Mr Cossar, a miner from Ipswich, overtook another vehicle and during this manoeuvre, he saw Ms Doyle’s red Toyota Kluger driving at a slow pace and thought she was coming from a merging shoulder onto the road.

He decided to overtake both vehicles instead of trying to pull in behind Ms Doyle’s vehicle and brake in the 100km/hr zone.

“In a matter of seconds, the driver of the red Kluger turned a sharp right across double white lines and there was a collision between the two vehicles,” Judge Clarke said.

He said expert evidence presented at trial showed Ms Doyle had marijuana in her system, three times above the level that tests showed an increased risk of traffic crashes.

The court heard the blood was collected two hours after the collision and there was no ability to count back to what the THC concentration would have been at the time of collision.

“The expert went on to say that the person who drives after consuming marijuana has been shown in studies to drive more slowly being aware of the need for caution, or to drive erratically, not staying within their own lane,” Judge Clarke said.

“In this case … It would seem to me that he (Mr Cossar) was entitled to have an honest and reasonable belief in that the vehicle he was overtaking would remain in the southbound lane of travel and not suddenly turn right into his path.”

Roger Michael Cossar leaving Rockhampton courthouse after Judge Jeff Clarke discharged the dangerous operation of a motor vehicle causing death case against him. Mr Cossar had been charged in relation to the crash on Tanby Road, Yeppoon, on October 22, 2020, which killed Capricorn Coast mum Brianne Doyle.

He said the evidence wasn’t conclusive if or where Ms Doyle had given any indication before turning right.

Judge Clarke said Mr Cossar did not have adequate time to make a sudden righthand turn.

The Crown had argued Mr Cossar “dangerously operated” his vehicle by “failing to brake”.

Judge Clarke determined the Crown’s case was “doomed to fail” due to deficiencies in the evidence.

The court heard Mr Cossar’s defence team had made repeated attempts to gain more evidence from prosecution throughout the court process.

Judge Clarke commented the police officer tasked with investigating the crash was “relatively inexperienced” and “certainly there are others within (the police) organisation who could well have addressed the deficiencies in the police investigation”.

He ordered Mr Cossar be found not guilty and ordered the dangerous operation of a motor vehicle causing death count be discharged.