Derek Bates convicted in absence over Glen Innes crash that killed Sean O’Brien
The grieving family of an eastern suburbs grandfather killed in a collision say “they just want closure” after the driver of the vehicle failed to show up in court for sentencing, causing them further heartache.
Blacktown
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The grieving family of an eastern suburbs grandfather killed in a collision say “they just want closure” after the driver responsible failed to show up in court to learn his sentence for the crash, causing them further heartache.
Father and grandfather of two, Sean O’Brien was 52 on March 3, 2021 when his motorcycle fatally collided into the rear door of Derek Bates’ car at a dangerous intersection on the Pacific Hwy at Glen Innes.
According to agreed facts filed in court, Bates was turning right onto the Pacific Highway from Houston Mitchell Drive, and had made his way into the intersection and past a stop sign with his view was obstructed by a truck turning left, when the collision happened.
Bates, who was 78 at the time of the crash, is now wheelchair bound following the accident, and has pleaded guilty to negligent driving occasioning death, after the original charge of dangerous driving was withdrawn by prosecutors.
A warrant was issued for the now 81-year-old’s arrest after he failed to appear in Blacktown Local Court for sentencing on Thursday, with Magistrate Chisholm saying she was not satisfied the matter could be adequately dealt without him, adding, “in the matter’s long history he has never attended court.”
It marks the second occasion Bates’ hasn’t shown up for the matter with an earlier court date on October 28 being adjourned due to his absence.
Ms Chisholm acknowledged Bates was “in a vulnerable position” but said she was satisfied he knew he was required to attend court as proceedings had been moved to Blacktown for his benefit as he stays at a hospital nearby.
Bates no-show is yet another source of anguish for the grief stricken family of Sean O’Brien, who came all the way from the eastern suburbs to spend yet another day waiting without an outcome.
Gathered outside the court, Mr O’Brien’s relatives expressed their frustration, and said they just want closure.
“Why couldn’t they come? It’s like they don’t care, they didn’t even answer the [lawyer’s] calls”, said one family member.
His sister, Rebecca O’Brien says she is glad there is a warrant out for Bates arrest.
“He’s in a wheelchair from the accident so he’ll never go to prison or do community service but that means nothing because he’s still breathing and my brother isn’t,” Ms O’Brien said.
“We couldn’t even see the body or bring the body back because of his injuries, and Bates didn’t even turn up to court to plead guilty.
“Sean was coming back from Cairns and he called Dad saying: I’ll see you in four hours. Then one of our other brothers heard about the crash on the radio and thought Sean is on his way back but it couldn’t be him. Then he got the call.”
Ms O’Brien said her brother loved travelling, was a carer for their dad and had a large extended family who he is “deeply missed by.”
Derek Bates was convicted in his absence and a warrant was issued for his arrest with a new sentencing date to be set.
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