Family of Joan McCaskill confront killer driver Elemer Dobak, 88, in court

The “heartbroken” and “traumatised family” of a beloved mother and grandmother killed in a collision have confronted her killer in court.

Elemer Dobak pleaded guilty to causing Joan McCaskill’s death by dangerous driving. Picture: NCA NewsWire / Brenton Edwards

An elderly killer driver who ran through a red light and struck a beloved mother, grandmother and great grandmother as she crossed the road should be jailed for his “shameless” crime, a court has heard.

88-year-old Elemer Dobak was silent in the dock in the South Australian District Court on Wednesday morning as the family of the woman he hit and killed said his actions were “unforgivable”.

Emergency services were called to Woodville Rd just before 12.30pm on February 27, 2023 following reports a car had collided with a pedestrian.

Beloved mother, grandmother and great-grandmother Joan McCaskill, 85 of Rosewater, was taken to the Royal Adelaide Hospital with life threatening injuries where she sadly died a week later.

In their victim impact statement, Joan’s son Andrew McCaskill said his mother was an “extraordinary person” who lost her life under “horrific circumstances”.

Elemer Dobak pleaded guilty to causing the death of an 85 year old woman by dangerous driving. Picture: NCA NewsWire / Brenton Edwards

“My mother Joan was an extraordinary woman who tragically had her life shortened at no fault of her own,” he said.

“My family will forever mourn the loss of our mum and nanna Joan, and the horrific circumstances which ended her life.

“Seeing my mother’s motionless, frail, battered and bruised body was an extremely confronting and traumatic experience that will be forever etched in our memories and broken hearts.

“To make matters worse, if that could even be possible, the plea of no case to answer shocked and traumatised our already devastated family.

“Mum endured many hardships in her life – she successfully raised four young children on her own. She was an incredibly generous person who lived selflessly. She always tried to see the best in people and was especially supportive to her family and friends.”

Joan’s daughter Carmel McCaskill said he had shown “atrocious behavioural traits” by running the red light.

“Shame on you is my elective wording to describe the array of words that I can’t use,” she said in her statement, read by prosecutor Sarah Attar Shame on you for thinking that the safety of others is not of your concern, proven by the arrogance of running a red light. Shame on you for the week of immense pain, tears and anguish you caused for myself and my entire family as we sat by our mother’s side in the ICU ward before finally gave up her fight for life.

“Shame on you for the tears and pain you caused by your unashamed disregard for others, blatant disregard for the law and your arrogance by running a red light – all atrocious behavioural traits.

“My family is shattered by our mother’s tragic and unexpected loss. The indescribable trauma caused to myself, my immediate family, my extended family members and my mother’s friends, is unforgivable and inexcusable. The incident was avoidable.

“Simply put, Mr Dobak, you killed my mother, and must be accountable.”

Joan McCaskill died after the crash. Picture: 7NEWS

The court heard Dobak was ashamed and remorseful. Picture: NCA NewsWire / Brenton Edwards

Dobak, of Findon, was transported to the Queen Elizabeth Hospital after the crash for a routine assessment, and charged with causing her death by dangerous driving.

He initially applied to the court to argue he had no case to answer, but later pleaded guilty – a process, the court on Wednesday heard, that further traumatised Joan’s heartbroken family.

He later pleaded guilty to causing her death by dangerous driving.

Jon Lister, for Dobak, said his client was ashamed and remorseful for his actions, and told Judge Liesl Kudelka to send the 88-year-old to prison for his crime was “inhumane”.

“The words distraught, devastated, ashamed and deeply remorseful qualify to Mr Dobak’s sentiments as a result of this tragic accident,” Mr Lister said.

“Apart from an inexplicable moment which has so tragically taken the life of Mrs McCaskill, Mr Dobak has led an exemplary and praiseworthy life.

“If Mr Dobak, of 88 years of age were to serve (a prison sentence) it would be disastrous, and there would be an element of inhumanity in respect of the consequences for his disabled wife, who relies on a routine and daily contact with him.”

Judge Kudelka will sentence Dobak in August.

Originally published as Family of Joan McCaskill confront killer driver Elemer Dobak, 88, in court