Businessman Mark Whithear plans to sue ACT Government over kangaroo collision

Businessman Mark Whithear is planning to lodge a personal injury claim against the ACT Government for injuries he suffered when a kangaroo collided with his bicycle at Stromlo Forest.

Businessman Mark Whithear almost died when a kangaroo leapt out at him as he was cycling around Criterium Circuit at Stromlo Forest Park. Picture: Kate Christian

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A prominent Canberra businessman is preparing to take legal action against the ACT Government after suffering horrific injuries when a kangaroo collided with his bicycle at Stromlo Forest Park.

Mark Whithear was leading about a dozen other cyclists on a training ride around Criterium Circuit on February 27, 2018, when a kangaroo “ploughed” into his bicycle just after 6am.

The age-group triathlon champion suffered two major skull fractures, six fractured vertebrae and a brain injury which has obliterated his sense of smell and reduced his co-ordination.

A cyclist at Criterium Circuit at Stromlo Forest Park in Canberra’s west.

The Canberra community was quick to rally around the 51-year-old, who has helped countless young people through his long term support of Menslink, in setting up the Manly-based Surfers Against Suicide and coaching junior football.

His family were forced to prepare for the worst when he went into a coma for three weeks and required surgery to relieve the pressure on his brain.

“I almost died,” Mr Whithear told the Star.

“The doctor said it was a deadset miracle I’m alive and walking.”

The father-of-five is planning to lodge a personal injury claim against the ACT Government, which has denied liability.

Mark Whithear is planning to lodge a personal injury claim against the ACT Government, which has denied liability.

Mr Whithear, who is managing director at Upmarket Homes, plans to seek financial compensation for trauma and injuries which have left him with a permanent loss of smell and loss of co-ordination.

“Enjoying good food and wine is one benefit of all the hard work I do and I have lost that forever.”

An example of the former national league soccer player’s reduced co-ordination is him losing the ability to juggle a soccer ball or hit a target as he used to be able to.

Last month the ACT Supreme Court ordered the Government to provide Mr Whithear with a number of documents including any that may contain evidence of other injuries involving kangaroos on Criterium Circuit, risk and wildlife assessments undertaken and those relating to existing fencing at the park.

Mr Whithear was leading a group of cyclists around the circuit when the collision happened.

A letter from Mr Whithear’s lawyer states the ACT Government had designed and constructed the Circuit in a way that encouraged high-speed cycling while also encouraging the “thoroughfare” of kangaroos through the circuit.

“(The Government) failed to design and construct Criterium Circuit so as to reduce the risk of wildlife, including kangaroos, entering the Circuit and posing a hazard to members of the public, including a hazard of the kind in which our client sustained injuries,” it said.

Mr Whithear said the existing 1.2 metre-high fence around the circuit’s perimeter has gaps in it for pedestrians to walk through, which allows the kangaroos to cross paths with cyclists travelling at high speeds.

The father of five is now back on his bike and training for the ITU World Triathlon in Edmonton, Canada.

He wants the gaps filled in or for pedestrian gates to be installed.

“I’m concerned a child will be hurt on the course, whether they’re on a bike or doing cross country — all the schools go there,” he said.

An ACT Government spokeswoman said there were signs at the Circuit to ensure all visitors are aware of the risks associated with using the facilities, including the presence of wildlife.

“Canberra is the Bush Capital and there is always a high risk of encounters with kangaroos and other wildlife while driving and enjoying recreational activities like riding, running and walking,” she said.

“There are no works planned for the Criterium Circuit at this stage.”

Mr Whithear said gaps in fencing around the park allows kangaroos to cross paths with cyclists travelling at high speed.

His brush with death has not deterred Mr Whithear from getting back on his bike.

He won his age group by six minutes in the Proximity Triathlon and will start training in about a month for the ITU World Triathlon in Edmonton, Canada.

An eternal optimist, it is hard to get Mr Whithear to wear a serious expression when taking his picture.

Mr Whithear is concerned a child will be hurt due to “inadequate” fencing at the park because many Canberra schools hold cross country and cycling events there.

“Like a gambling addict who blindly believes luck will favour him, I was always so sure that if I was knocked off my bike I would land on my feet and people would simply say: ‘Lucky bastard’.

“I would produce a wry smile and just agree.

“Strangely now I wonder how I was caught unaware by a kangaroo?

“At what cost would I now say I’m unlucky, when optimism is what drives me. Saying I’m unlucky would be like admitting defeat.

“Optimism is linked to a sense of adventure and that hope has guided my recovery.”