Lkhagvasuren Baasandorj: Highly-qualified academic spared after Wollongong collision
A highly-qualified academic who collided with an e-scooter rider earlier this year has been shown the mercy of a magistrate who said he had already been “punished enough”.
Illawarra Star
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A magistrate has spared a highly-qualified academic who has been slogging it out as a labourer to feed his wife and two kids.
Malaysian national Lkhagvasuren Baasandorj, 38, fronted Wollongong Local Court on Monday charged with negligent driving occasioning grievous bodily harm.
The incident occurred shortly after 9am on Tuesday, March 2, this year when Baasandorj, driving his silver Mitsubishi Lancer, struck a man on an e-scooter at a roundabout at the intersection of Campbell St and Kembla St near the Wollongong CBD.
Baasandorj told police he had looked both ways before going through the roundabout before hearing a “scream and then a thud”.
He jumped out of the car and cried for help, before the injured man was rushed to Wollongong Hospital where he was placed in an induced coma for a fortnight to assist in recovering from a head injury.
A witness of the collision told police Baasandorj was travelling at a “fast speed” and while he slowed down approaching the roundabout, he ”never stopped” to look both ways.
Baasandorj was tested for the presence of drugs or alcohol in his system, with the results coming back negative.
Baasandorj’s solicitor Graeme Morrison told the court on Monday his client arrived in Australia four years ago with his family and his studies led to him attaining a PhD in Material Engineering from the University of Wollongong.
Mr Morrison explained that despite Baasandorj‘s “hardworking” nature, he’d only managed to gain employment as a kitchen hand and a labourer with Magistrate Chris McRobert injecting “He has a PhD in Material Engineering [and he is a labourer]? – that’s sad”.
Magistrate McRobert said while many in the community would consider a victim being placed into an induced coma sufficient when determining occasioning grievous bodily harm, he was of the belief that being placed into a coma is for a head injury what a plaster cast is for a broken arm.
The magistrate found him not guilty of negligent driving occasioning grievous bodily harm and guilty of the lesser charge of negligent driving, however, he dismissed it as Baasandorj had been “punished enough”.
“This is on the lower end of the scale, but it’s more serious as the scooter driver’s injury led to this charge,” Magistrate McRobert explained.
“All of us who drive around the suburbs accept that scooters are difficult to see.
“You have a PhD in Material Engineering and in some ways, the community has already punished you enough.
“It’s a sad commentary that you have been unable to get gainful employment.”