Grace Wheatley found guilty of negligent driving following crash that killed Sutherland man Mark Wilson

A magistrate has labelled a crash which killed a popular cyclist 'a tragedy for everyone involved' after a south coast P-plater was blinded by the sun when she crashed into him.

Grace Wheatley leaves Wollongong Local Court on January 28. Picture: Madeline Crittenden

A young Kiama P-plater has been found guilty of negligent driving, after a tragic crash that claimed the life of an avid lawn bowler outside a South Coast bowling club in 2019. 

Grace Wheatley, 21, faced Wollongong Local Court on Wednesday where she was found guilty of the charge by Magistrate Michael O’Brien, following a crash that killed 69-year-old Mark Wilson. 

After a hearing two-weeks ago where Wheatley claimed she was blinded by the sun at the time of the incident, Magistrate O’Brien on February 17 found her driving “departed from the standard of a driver faced with difficult circumstances”. 

“This is a tragedy for everyone concerned,” he said. 

“It is an offence where it is not uncommon for people of impeccable character to find themselves before the court for offences of this type.” 

Mr Wilson, of the Sutherland Shire, suffered significant head injuries and was flown to St George Hospital on May 16, 2019, after police allege he was hit by a Toyota Corolla being driven by Miss Wheatley, then 19, on Noorinan St, Kiama around 4.30pm.

He died not long after the crash.

The tragic collision occurred just outside the Kiama Bowling Club, where Wheatley hit the man, before rear-ending a truck that was parked illegally on the side of the road.

Grace Wheatley leaves court with one of her lawyers, Patrick Schmidt. Picture: Madeline Crittenden

During the hearing, police prosecutor Sergeant Ashley Jacobs told Magistrate Michael O’Brien Miss Wheatley’s driving was negligent due to the fact she kept driving even though the sun had significantly impacted her view of the road.

“We will allege she continued to drive and accelerated at a time when she was unable to see,” Sergeant Jacobs said.

It was the prosecution’s case that Miss Wheatley drove 40m with little vision due to the sun, at speeds between 25km per hour and 40 km per hour.

“She would have been travelling for up to five-and-a-half seconds without vision,” Sergeant Jacobs said.

In an interview with police following the crash, Miss Wheatley said she “couldn’t see anything in front of me”, and that “all I heard was yelling and I saw the truck at the last minute … I saw absolutely nothing of him (Mr Wilson)”.

Miss Wheatley’s defence barrister Jack Tyler-Stott read from a witness statement regarding the nature sun that day, which confirmed it was “terrible”.

“It was the brightest she’d (the witness) ever seen and she’s been in the area for some 24 years,” he said.

“She (the witness) was blinded so badly by the sun she couldn’t see where she was.”

Mr Tyler-Stott argued that while the circumstances were tragic, Miss Wheatley’s driving was not negligent in any way, and that she was travelling well below the 50km per hour speed limit.

Mr Wilson was flown to hospital after being struck by car at Kiama on May 16.

“To stop when you can’t see up the road could be negligent,” he said. “To brake could also be dangerous or negligent.

“She’s damned if she does, damned if she doesn’t.”

Her lawyer Patrick Schmidt on Wednesday argued against a conviction , noting the toll it had taken on Wheatley. 

“There is no doubt the loss of the deceased is something that weighs heavily on everyone involved,” he said. 

“Two lives have been ruined, one lost and one ruined. You can see she's completely and utterly remorseful.” 

However, Magistrate O’Brien disagreed, and recorded a conviction, placing her on an 18-month community corrections order and fining her $500. 

He also suspended her from driving for 12-months.