Confronting details revealed as drunk driver sentenced over death of grandmother struck on birthday

The drunk driver who ran down a beloved Brisbane grandmother and tried to flee the scene was found with three empty wine bottles on the floor of her car and was reeking with alcohol.

Maria Gomez died after being struck by a car while on her morning walk on the day of her 72nd birthday in 2022.

The drunk driver who ran down a beloved grandmother who was out for a morning walk on her birthday has been jailed, but could be released after serving a year behind bars.

Maria Teresa Gomez was hit on the footpath next to Beenleigh Rd in Kuraby in Brisbane’s southern outskirts around 7.45am on November 13, 2022. It was her 72nd birthday.

The driver of the Toyota Corolla hatchback was Carmel Maree Magutau. The now 50-year-old woman was sentenced in Brisbane District Court on Tuesday.

Judge Benedict Power KC described the incident in confronting detail, saying that three empty bottles of red wine were found in the front passenger floor of Magutau’s car.

“For reasons that can only be explained by extreme intoxication, you [Magutau] failed to go around a very slight bend that was at the point of a pedestrian crossing, you struck the left-hand kerb of the footpath, three of your four tires were blown out at that point,” he said.

“At some point after you had gone off the railing and were proceeding along the footpath, you struck Maria Gomez from behind.

“She was thrown onto the car bonnet and then the windscreen … Maria Gomez was thrown onto an aluminium fence, approximately 30 metres down the road.

“You didn’t stop, you veered back onto the road and continued to drive with three flat tires for approximately 160 metres until you were stopped and confronted by another motorist.

“Witnesses smelt alcohol and cigarettes coming from your vehicle.”

The scene at Kuraby after grandmother Maria Teresa Gomez was struck in 2022. Picture: Liam Kidston

Magutau pleaded guilty to the main charge of dangerous operation of a vehicle causing death while adversely affected by alcohol, which carries a maximum of 14 years’ jail.

She also pleaded guilty to three lesser related offences of failure to give a roadside breath test, failure to give breath analysis at a police station, and driving under the influence.

The court heard the night before the incident, Magutau had drunk heavily before going to bed. When she woke the next morning, she was running late for her yoga class.

Judge Power said Magutau was in a state of “self-induced intoxication to a very significant level” when she decided to drive the 10 kilometres to her gym. The crash occurred four kilometres from her home and she was also doing at least 70km/h in a 60km/h zone.

Defence barrister Matthew Hynes, representing Magutau, said his client maintained that she had no memory of the crash.

Carmel Maree Magutau pictured in 2022.

Due to Magutau refusing breath tests on the day, her level of intoxication was not known, but Judge Power concluded that her manner of driving indicated “a high degree of intoxication”.

Mr Hynes detailed a string of mitigating factors on behalf of his client, including her exceptional rehabilitation efforts since the incident.

The court heard that Magutau has made no attempt to reapply for her licence, she completed a six-week live-in rehabilitation program, she has attended almost 400 Alcoholics Anonymous meetings, and has been alcohol-free since at least February this year.

“She’s traumatised by what she has done and is trying to piece it back together,” Mr Hynes summarised.

The court heard that Magutau has had Autistic Spectrum Disorder since childhood, suffered learning difficulties in school, and was bullied heavily.

Mr Hynes said she had few friends in life and yoga classes were her main social outlet.

The Crown argued for Magutau to be handed a five-year prison sentence, which Mr Hynes said he did not disagree with.

In sentencing, Judge Power said he had read the victim impact statements written by Mrs Gomez’s family – she had four children and six grandchildren.

Judge Power described them as “very moving”.

Mrs Gomez had fled Chinameca in El Salvador with her late husband to escape civil war. They had raised their family in Australia, she had nursed her husband through ill health, and she herself had survived cancer.

The court heard that Magutau had no prior criminal history, but some traffic history including one dated drink driving offence.

“I accept you have been consumed with guilt and tried to deal with your alcoholism and done a remarkable job in trying to come to terms with the features of Autistic Spectrum Disorder and the features of your life that led to you making this terrible decision,” Judge Power said.

Magutau was sentenced to six years imprisonment, but she will be eligible for release on parole after serving 12 months in prison. Judge Power said she would be “a good candidate for parole and would be released after serving 12 months”.

Magutau was disqualified from having a driver’s licence for five years.