Michael Gordon Foster bailed ahead of prison sentence appeal over flood thefts, horror crash
Days after being sent to the slammer, a “flood saviour” jailed for causing a crash that left his then-girlfriend with brain damage and stealing in the 2022 disasters has appealed. Here’s the latest.
Police & Courts
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Days after being jailed, a “flood saviour” who left a woman brain damaged in an ATV crash and was found to have stolen fridges during the 2022 disasters has been bailed ahead of a flagged appeal.
Michael Gordon Foster, 39, was jailed by Magistrate Michael Dakin last Wednesday, sentenced to a year and 10 months in prison with a non-parole period of 16 months.
But after just four days in jail, Mr Dakin has released Foster back into the community on bail as a sentencing appeal looms in the District Court.
The Goonellabah man pleaded guilty to dangerous driving occasioning grievous bodily harm, using an unregistered vehicle on the road, using an uninsured car on the road, and four counts of driving with an illicit drug present in his blood – second offence.
He also pleaded guilty to two counts of possessing a prohibited drug (cocaine and marijuana), larceny of more than $15,000 and dishonestly obtaining financial advantage by deception.
The court heard Foster stole four fridges from Warrior Refrigeration on Snow St, South Lismore, using his dad’s white Mazda to tow them away with a trailer, between the February and March flood events in Lismore.
A police raid found the relevant items, and the drugs.
The court heard Foster spent three days using a tinny to rescue people during the February flood event.
He then stole from Warrior Refrigeration while the owner was cleaning up after the first flood.
However, Foster ultimately landed behind bars due to the crash which left his ex with permanent brain damage.
On January 17 last year, the cabinet maker crashed the all terrain vehicle into a post near Bentley, with the woman riding on the back.
She was “screaming in pain” and suffered a traumatic brain injury, fractured cheek and eye socket and permanent loss of hearing in her right ear.
She was put into a medically induced coma for 10 days.
Mr Dakin told the court Foster’s immediate response was to minimise his responsibility.
The injured woman was placed into a car by a neighbour and rushed to hospital.
Foster jumped out of the car and ran back to a property, the court heard.
The ATV involved in the crash was initially hidden and a different vehicle was shown to police.
The court also heard Foster had been elusive while speaking to police after the crash.
“He seemed more interested in addressing the storm clouds on the horizon than having genuine concern for the complainant,” Mr Dakin said.
Foster is now appealing his sentence.
Defence lawyer Paul Cranney said there was “scope” for a sentence in the community.
He told the court Foster should be bailed to pursue rehabilitation as he appealed.
“(Prison is) an unsafe environment. He is around people who could hurt him or lead him astray,” Mr Cranney said.
Mr Dakin granted bail with a surety of $2000 and Foster must live in Tweed Heads ahead of the appeal on December 8.
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