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Gilbert Joseph Edward Atutahi pleads guilty to driving without due care causing grievous bodily harm

A court has heard how a Logan glazier caused a dangerous truck crash on the Sunshine Coast before allegedly asking his maimed traveller to take the blame.

Gilbert Joseph Edward Atutahi faced Caloundra Magistrates Court on Tuesday.
Gilbert Joseph Edward Atutahi faced Caloundra Magistrates Court on Tuesday.

A court has heard how a Logan glazier shamelessly asked his injured passenger to take the fall for him after causing a serious crash on the Sunshine Coast.

Gilbert Joseph Edward Atutahi allegedly asked the passenger to nominate himself as the driver after crashing their truck on Steve Irwin Way at Beerburrum on April 16 last year.

Despite the grievous injuries he caused the victim, the court heard Atutahi kept up the charade with police until the victim was taken to hospital and revealed the Logan man was in fact the driver. His solicitor Rowena Ferrall however told Caloundra Magistrates Court on Tuesday Atutahi could not recall his comments to police.

The court heard the details of the horror crash after Atutahi pleaded guilty to driving without due care and attention causing grievous bodily harm.

Police say Atutahi was driving the pair back to Brisbane after visiting the Sunshine Coast for work when the 40-year-old, who was on a learners driver’s licence, crashed their truck off the road. The vehicle was a write off.

Gilbert Joseph Edward Atutahi (front) with his lawyer Rowena Ferrall (back).
Gilbert Joseph Edward Atutahi (front) with his lawyer Rowena Ferrall (back).

His passenger suffered severe injuries to his left arm and wrist, and underwent surgeries to repair the damage.

Police prosecutor Michael Quirk said the 40-year-old lied to officers at the scene, saying his passenger was the driver.

Mr Quirk said it wasn’t until the victim was taken to the hospital that police found out Atutahi was actually the driver.

Unfortunately by the time this was discovered, he had already left the hospital before police could take blood tests, which was required after such a serious crash.

Ms Ferrall was instructed Atutahi could not recall the accident at all, his trip to hospital or his comments to police at the time.

She said he believed he may have struck his head and “blacked out”.

Ms Ferrall said he later took full responsibility for the crash and the injuries suffered by the victim. She said he was remorseful.

She said hospital staff did not ask him for a blood specimen, and he did not deliberately abscond from the testing.

He pleaded guilty.
He pleaded guilty.

The court heard the victim was receiving income payments through Work Cover however he had not gone back to work.

Ms Ferrall said he wanted to contact the victim to apologise, however was unable to.

Magistrate Catherine Benson plainly said his behaviour after the accident was “appalling” where he deliberately avoided detection at the hospital because he knew he was in strife due to being a learner driver with a history.

Ms Benson said it was clear his victim had not forgiven the glazier, and recalled in his victim impact statement how Atutahi asked him to take the blame while he was obviously suffering from serious injuries.

Ms Benson said Atutahi’s criminal and traffic history also went against him, which included a sentence for dangerous operation of a motor vehicle where he served actual time in custody.

The magistrate however opted to jail Atutahi for five months which was suspended immediately for 12 months, meaning he would serve no time behind bars.

He was also disqualified from driving for 12 months.

Original URL: https://www.couriermail.com.au/news/queensland/sunshine-coast/gilbert-joseph-edward-atutahi-pleads-guilty-to-driving-without-due-care-causing-grievous-bodily-harm/news-story/b17085b92569a5194591ceea256b920c