Shane and Sheldon Shorey to be buried in Wellington

A mother whose two boys tragically died after a car mowed them down has thanked first responders and medical staff after a decision on their funerals was made.

Ryan Young

4 min read

February 27, 2021 - 5:53AM

The Dubbo News

NSW crash kills two children, injures three others

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The young brothers killed in a horrific crash in the NSW central west will be laid to rest in the town they died in after a Supreme Court Judge granted their mother’s wish.

Shane, 7, and Sheldon Shorey, 6, died after an allegedly unlicensed driver ploughed into them on January 5.

Shane and Sheldon Shorey will finally be laid to rest. Picture Facebook

The boys, who were living in Emerald in Queensland with their father Joseph Shorey, had been visiting their mother Shayleen Frail in Wellington for the school holidays when tragedy struck.

Ms Frail launched legal action after she and Mr Shorey were unable to agree on how to lay their children to rest.

Mr Shorey wanted the boys cremated and their ashes to be divided between his family and Ms Frail’s, while she wanted the children buried in Wellington.

Shayleen Frail was injured in the crash. Picture: Ryan Young

On Wednesday, seven weeks after the boys were killed, Justice John Sackar handed down a judgement in favour of Ms Frail.

He said while Mr Shorey had pointed out Ms Frail’s history of drug use, dishonesty and time spent behind bars, she was “entirely candid about her life”.

While Ms Frail was in jail, Justice Sackar said Mr Shorey “unilaterally decided to take the children away from their mother and grandparents in early 2020” to move to Emerald.

“I can accept the defendant (Mr Shorey) may genuinely have believed what he was doing was in the best interests of the children but at the time he had no orders of any court which permitted him to do what he did,” Justice Sackar said.

“The grandparents promptly sought a recovery order in the Federal Circuit Court and it is true that no such order had been made prior to the children’s death, and that access questions were being dealt with on a compromise basis.

“I accept there is evidence that the defendant in the boys’ interests attempted to maintain contact with indigenous culture whilst they were at school in Queensland, with limitations due to COVID. But for the reasons stated I do not consider their year in Queensland deserves anywhere near the weight put on that fact by the defendant.”

Joseph Shorey at a memorial near where the boys were killed. Picture: Jonathan Ng

Justice Sackar said the case was not about who was the better parent or which parent had the least flaws.

“The evidence before the court is that a substantial portion of their lives was spent in the Wellington area and in particular under the stable and loving influence of their maternal grandparents while their mother was incarcerated when the defendant (Mr Shorey) was either working or in Queensland after he and the plaintiff separated,” he said.

“They spent most of their pre-school and schooling in Wellington and made contacts with other indigenous persons and learnt their secret men’s business from their grandfather in Wellington.

“I consider the community where the boys have spent a substantial proportion of their lives has been in the Wellington area where not only their mother, but their maternal grandparents adhere to their beliefs about a burial as opposed to cremation. Burial on country is the tradition they had been brought up in.”

Sheldon and Shane Shorey died after a car ploughed into them on January 5. Picture: Facebook

A perfect solution to the dispute between Ms Frail and Mr Shorey would be impossible to achieve, Justice Sackar said.

“I am mindful that the children’s father and his young son Mark live in Queensland and there may be difficulties in him visiting a grave in Wellington.

“However, so far as the funeral is concerned the evidence is that he and his family and extended family will at the expense of GIO be able to attend a funeral in Wellington.

“I would also observe that after the defendant relocated with his new partner to Queensland, he came to see his sons from time to time in Wellington.”

Jacob Donn was charged over the boys death. Picture: Facebook

Mr Shorey described the judgement as “devastating”.

“It’s heartbreaking to hear that we lost,” he told The Dubbo News.

“We’re very upset at the moment, we’re also very angry at the moment because we haven’t been told anything.”

He said he would attend the funeral in Wellington “to be there for his boys”.

“I did everything for them,” Mr Shorey said.

“I took them to give them a good life and a better life, and they loved it.

“I would have got the kids up here earlier but I was working, I was living in a mining camp.”

The Frail family have not yet announced any plans for the boys funerals.

In a statement released by Stacks Goudkamp lawyers on behalf of Ms Frail, she requested time to grieve and lay the boys to rest in peace.

“Our client made an application to the Supreme Court because it was her wish for the boys to be buried to allow them to have a final resting place where their spirits can enter the Dreamtime,” the statement read.

“The Judgement of His Honour Justice Sackar in our client’s favour allows our client to finally lay her young sons to rest in Wellington where they will forever be close to their Aboriginal community including their mother, grandparents and extended family.

“Our client would like to thank the first responders at the scene of the accident, the medical staff who cared for her...all of the people who donated to her GoFundMe page and the Wellington township for the enormous support she and her family have received and continue to receive. Our client would also like to thank GIO, the CTP insurer...for being so proactive and upfront about covering the boys’ funeral expenses.”

The alleged driver of the car which mowed the Shorey boys down, Wellington man Jacob Donn, 25, has been charged with dangerous driving causing death and a string of other offences.

He has not entered any pleas and was refused bail, with the case to return to court in March.