Richard Alexander Davis on trial for manslaughter following fatal Mullumbimby crash

A man charged with causing the deaths of an elderly couple in a horror crash on the North Coast told a court he felt “awful” but couldn’t change the past. See the latest from his trial.

Richard Alexander Davis stands trial at Lismore accused of manslaughter, dangerous driving causing death.

A Brunswick Heads man accused of causing a crash that killed an elderly couple on the North Coast has taken the stand to tell his side of the story at trial.

Richard Alexander Davis, 32, has faced Lismore District Court charged with two counts of manslaughter and two counts of dangerous driving occasioning death.

He pleaded not guilty to all charges in February 2022 and is defending the matter at trial.

Mr Davis was driving a Nissan Juke which crashed headlong into a elderly couple on Mullumbimby Rd, 2km south of Mullumbimby, about 11.45am on September 1, 2019.

The scene of the horror crash that killed the Bolands at Mullumbimby in 2019. Picture: NBN News.

The passenger, Anne Bolan, 79, died at the scene while the driver, Peter Bolan, 80, died several days later.

Mr Davis is alleged to have driven on the wrong side of Mullumbimby Rd before the crash – avoiding an oncoming car, before moving his vehicle back into the wrong lane and accelerating into the Bolans’ car.

Mr Davis’ case is that he had a seizure and that he has no memory of the crash.

His barrister, Megan Cusack, will argue Mr Davis was not criminally negligent by driving as a person living with epilepsy and it was reasonable he had assumed he would not have a seizure.

The prosecution needs to prove beyond reasonable doubt that Mr Davis’ driving was “voluntary” and he was reckless in his driving amounting to manslaughter.

Richard Alexander Davis (right) leaves Tweed Heads Court at an earlier court appearance.

On the morning of the incident, Mr Davis said he and remembers pulling out of his driveway to go shopping at Mullumbimby Woolworths.

He stated his eyes were feeling “very sensitive to the light”, and the next thing he remembers was lying on the ground near the crash.

Mr Davis told the court today he didn’t deliberately drive on the wrong side of the road, and it was not a suicide attempt.

“I can’t think of anything worse as a method of suicide, and the impact it would have on others,” he said.

Mr Davis was airlifted from the crash with broken vertebrae and a perforated bowel.

He told the court he didn’t learn that Mrs Boland had been killed in the crash until some eight days later while he was in hospital.

Mr Davis told the court he felt “awful” that he didn’t remember the crash that had killed someone.

“There is nothing I can do to change the past,” he said.

“I had no motivation or intention for that crash.”

Professor Ernest Sommerville, a neurologist for the prosecution, told the court if Mr Davis had truly experienced a seizure it would have likely caused for the crash and explain his lack of memory.

Professor Paul Spira, neurologist for the defense agreed that “epileptic amnesia” was the only thing that would explain the lack of memory, and Mr Davis likely did not experience enough head trauma during the crash to account for his lack of memory – if he was telling the truth.

Mr Davis was described as “transient and confused” following the crash, symptoms relevant to a seizure, Prof Sommerville said.

Prof Sommerville said he had seen epilepsy patients who have described finding themselves kilometres away with no memory of how they got there.

Prof Sommerville said it is possible for someone to have a seizure and still maintain “some” control of the car – possibly explaining the alleged 400m of erratic driving that precipitated the crash.

Barrister Ms Cusack revealed if someone had a seizure while driving, a muscular contraction could cause them to keep their foot down on the accelerator – which could have accounted for Mr Davis’ alleged acceleration to the site of the crash.

Ms Cusack said people with epilepsy can drive if they have been seizure-free for 12 months.

Prof Sommerville said the non-driving rules were based on the likely risk of the epileptic person having another seizure within 12 months, and if that risk is “acceptable”.

In 2015 or 2016 Mr Davis experienced a “vague out” episode where he woke up on his neighbours’ lawn.

However, the court heard Mr Davis had previously been cleared to drive following past seizures.

The trial continues on Wednesday.