NewsBite

Mark Andrew Burgess granted permission to fly to NSW for family holiday

A man accused of killing a “cherished and beloved daughter” when he allegedly mounted a kerb at 80km/h has been allowed to fly to NSW for a family trip.

Alleged killer driver leaves court after pleading not guilty

A northern suburbs man accused of causing a fatal crash at Golden Grove earlier this year has been granted permission to travel to NSW for a two-week family holiday.

Mark Andrew Burgess, of Hillbank, was not present in the District Court on Tuesday when his defence counsel made an application to vary his bail conditions after pleading not guilty to driving in a reckless or dangerous manner, causing death by dangerous driving and causing harm by dangerous driving.

Tim McGrath, for Mr Burgess, told Judge Carmen Matteo his client was seeking permission to fly into Newcastle on January 8 next year before travelling to a caravan park with his family and flying back to Adelaide on January 22.

“He will absolutely not be driving a motor vehicle,” Mr McGrath said.

Mark Burgess leaves the Adelaide Magistrates Court after pleading not guilty. Picture: Roy VanDerVegt
Mark Burgess leaves the Adelaide Magistrates Court after pleading not guilty. Picture: Roy VanDerVegt

“I’ve met his mother and his family members – they are what I would term as prosocial people, and they are very supportive of him and are supporting him throughout this matter.”

Just after 12pm on Wednesday, February 28, police and paramedics were called to the intersection of Atlantis Drive and The Grove Way after reports of a crash

It is alleged Mr Burgess caused a three-car collision which claimed the life of “beloved” 32-year-old Blair Athol woman Kirsten Rawolle by driving in a “culpably negligent manner and/or recklessly” – allegedly mounting the kerb at 80km/h and crashing into two cars stopped at a red light.

Court documents further allege Mr Burgess was “hysterical” and “crying uncontrollably” after the crash, and had been involved in a rear-end collision just minutes before.

Kirsten Rawolle was killed after she was allegedly hit by Mr Burgess while waiting at a red light. Picture: Supplied
Kirsten Rawolle was killed after she was allegedly hit by Mr Burgess while waiting at a red light. Picture: Supplied
Emergency services at the scene of the crash in Golden Grove. Picture: George Yankovich
Emergency services at the scene of the crash in Golden Grove. Picture: George Yankovich

On Tuesday, Prosecutor Alexandra O’Sullivan told the court she wasn’t opposed to the application – noting there was “no issue” when Mr Burgess’ bail was previously varied in June.

“I’ve spoken to the investigating officer in this matter – he has advised that his (Mr Burgess’s) licence has been suspended,” Ms O’Sullivan said.

“I also understand that suspension is recognised nationwide, so for example if the accused was to drive in New South Wales, the New South Wales jurisdiction would recognise that licence suspension even though it’s been issued in South Australia.

“I am content with the terms as proposed.”

Noting prosecution’s attitude, Judge Matteo granted the application and ordered Mr Burgess to report to the Elizabeth Police Station on January 23 – the day after his arrival back in Adelaide.

Originally published as Mark Andrew Burgess granted permission to fly to NSW for family holiday

Original URL: https://www.couriermail.com.au/news/south-australia/mark-andrew-burgess-granted-permission-to-fly-to-nsw-for-family-holiday/news-story/9b304323acae203375b35acfba1550ac