Damian Seaman: Charges dropped against man over deaths of Cade Shiells and Kevin Stokes

Central Coast chef Cade Shiells and Kevin Stokes (both pictured) were standng on a road when they were hit and killed by a driver high on meth. This week, that driver walked from court knowing he will likely only pay a fine over the fatal crash.

Damian Seaman (left) leaving Wyong Local Court with his solicitor Manny Conditsis after further driving offences were laid. Picture: Richard Noone

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Damian Robert Seaman was on methylamphetamine when he rounded a corner shortly after midnight on Wilfred Barrett Drive and ploughed into three men fighting in the middle of the road.

Two men, promising chef Cade Shiells, 26, and Kevin Stokes, 46, died as a result of the collision on July 8, 2018, while a third man was also injured.

Mr Seaman was charged with dangerous driving occasioning death and grievous bodily harm, causing harm by misconduct behind the wheel, negligent driving causing death and grievous bodily harm and negligent driving.

Cade Shiells, 26, was killed when he was hit by a car on Wilfred Barrett Drive, North Entrance. Picture: supplied

He was later charged with four further offences including two counts of dangerous driving occasioning death while under the influence of drugs, dangerous driving occasioning death and negligent driving causing death after blood samples taken shortly after the crash revealed he had methylamphetamine in his system.

Earlier this month the Director of Public Prosecution’s (DPP) office withdrew all charges except one count of negligent driving.

Mr Seaman faced Wyong Local Court on Tuesday where he pleaded guilty to that “fine only” offence.

Kevin Stokes died from his injuries sustained when he was hit by an alleged drug affected driver. Picture: supplied

Following his guilty plea the Express Advocate can finally reveal why the Crown withdrew all of the more serious offences.

Mr Seaman’s defence obtained an expert report which found — irrespective of the presence of drugs — the conditions on the night, the sweeping bend and the unexpected presence of people in the middle of the road wearing dark clothing would have made a collision inevitable for any driver.

The DPP then obtained its own report from the Crash Investigation Unit, which essentially reached the same conclusion, so the Crown withdrew the more serious charges.

Wilfred Barrett Drive near Mini Street, North Entrance, where the fatal crash occurred shortly after midnight on July 8, 2018. Picture: Google

A statement of agreed facts, tendered in court, state Mr Seaman pleaded guilty to negligent driving because of the drugs in his system rather than the fatal accident.

“A pharmacologist retained by the prosecution Dr Judith Pearl, opined that she could not state beyond reasonable doubt that the accused’s ability to manage a motor vehicle was impaired by the presence of the methylamphetamine in his blood, and the Crown does not assert otherwise,” the facts state.

“Nonetheless the parties agree that a reasonably prudent driver would not drive a motor vehicle while there was present in his or her blood 0.45mg/L of amphetamine.”

Mr Seaman will be sentenced on October 6 after his solicitor sought a short adjournment to obtain further subjective material.