Xiao Zhang: Day two of hearing over crash that killed Rachel Watts

A Geelong heart surgeon should be barred from jail despite causing a fatal crash, a court has heard.

Xiao Bo Zhang arrives to court in Geelong on Wednesday.

A Geelong heart surgeon who killed a horse groomer in a car crash should receive an exception and avoid jail, a court has heard.

Xiao Bo Zhang, 67, appeared in the County Court at Geelong on Thursday for the second day of his plea hearing.

The surgeon last week pleaded guilty to a single count of dangerous driving causing the death of Rachel Watts, 35, in a multi-car collision at the intersection of Swan Bay and Queenscliff-Portarlington roads on March 20, 2022.

Almost a dozen victim impact statements were tendered to the court during the proceedings, the vast majority from Rachel Watts’ friends and family.

Over two days, the prosecution and defence made lengthy submissions on the objective gravity of the offending, Zhang’s moral culpability, and what factors Judge Lyon should take into account and give weight to in his sentence.

Barrister Ian Hill KC, for Zhang, conceded his client was inattentive but argued the intersection was “inherently dangerous” and “notorious” among locals.

He said road markings were “hardly-legible” and the signs “rotated” and not compliant with Australian standards.

“It had key characteristics that made it dangerous,” Mr Hill said.

Since the accident, the give way signs had been replaced with stop signs and the road markings had been repainted, Mr Hill said.

The court heard Zhang’s mental and physical health had worsened since the crash and he had been diagnosed with major depressive disorder and PTSD.

Mr Hill argued Zhang’s mental health had deteriorated to such an extent it would warrant an exception from a custodial sentence.

The specific exemption cited applies in cases where an offender’s mental function is so impaired that prison is a “substantially and materially greater” burden.

Crown prosecutor Yildana Hardjadibrata told the court it was a “high bar” and said that if the exception is not made out, the only acceptable punishment was a prison sentence with a non-parole period.

Mr Hill told the court Zhang, a cardiothoracic surgeon, had lived an “exemplary” life saving and improving the lives of others and was deeply affected by causing the death of Ms Watts.

On Wednesday afternoon, the court heard sworn evidence from two mental health practitioners.

Psychologist Patrick Newton told the court Zhang was suffering from panic attacks and intense suicidal thoughts.

“It was obvious from the very first time I saw him, that Dr Zhang was suffering from extreme psychological distress,” he said.

He said Zhang needed ongoing trauma-focused cognitive behavioural therapy, however treatment in prison was “rationed” and there was “no reasonable prospect” Zhang would receive adequate care.

On Thursday morning, the court heard from several character witnesses including Barwon Health colleagues of Zhang’s, who told the court of Zhang’s exemplary character, caring nature and his mental deterioration following the crash.

Zhang will be sentenced at a date to be fixed.

Originally published as Xiao Zhang: Day two of hearing over crash that killed Rachel Watts