Richard Alexander Davis found not guilty of manslaughter, dangerous driving after fatal North Coast crash
A North Coast man has been found not guilty of manslaughter after a much-loved elderly couple were killed in a horrific crash. Here’s what happened in court.
Police & Courts
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A Brunswick Heads man has been found not guilty of manslaughter following the tragic deaths of an elderly couple in a fatal crash near Mullumbimby.
Family of the couple were visibly shattered as they left Lismore District Court on Monday.
Richard Alexander Davis, 32, argued he suffered from a seizure before the crash on Mullumbimby Rd, Myocum about 11.45am on September 1, 2019.
Mr Davis pleaded and was found not guilty to two counts of manslaughter and two counts of dangerous driving occasioning death.
The prosecution alleged Mr Davis slammed into the car occupied by Anne Bolan, 79, and her husband Peter Bolan, 80, during a failed attempt to take his own life.
The couple was much-loved and Mrs Bolan was recognised for her volunteer work with the Red Cross at facilities including Lismore Base Hospital.
Before the crash, Mr Davis was alleged to have driven on the wrong side of Mullumbimby Rd for about 400 metres.
His defence barrister Megan Cusack argued the crash was caused by an epileptic seizure and Mr Davis had no control over his actions.
Her client claimed the last thing he remembered was getting into his car, before waking up covered in blood next to the crash site.
Neurologists called by the prosecution and defence said it was plausible Mr Davis had a complex partial seizure, and he would be able to drive for some time with some control.
The court heard brain scans taken after the crash did not detect signs of epilepsy, but the neurologist called by the defence said symptoms were almost impossible to detect unless seizures were actively occurring.
Judge English told the court Mr Davis has not had another seizure since the 2019 crash.
Judge English said it was “a tragic case involving the loss of family members”, but she needed to act objectively and fairly in the judge-only trial.
She found the prosecution did not prove beyond reasonable doubt Mr Davis was trying to take his life at the time and the “overwhelming weight of the evidence was to the contrary”.
Judge English found the “most likely” scenario was Mr Davis was not conscious of his actions and suffered epileptic amnesia.
Judge English told the court she found Mr Davis to be a credible witness and “open and honest”.
She also said she found Mr Davis was reasonable and honest in his assumption that he was not a risk on the road.
Davis declined to comment, but outside of court his mother said the judge made the right decision.
The Bolan’s son and daughter left the courtroom in shock.
Murray Bolan said his parents were beloved members of the community and their death was a great loss.
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