Merryn Bertus: Vijay Kumar sentenced for fatal car hit of mother at North Parramatta
Less than 24 hours after returning from a dream holiday with her youngest daughter, much loved sports-mad mum Merryn Bertus - who was also a mentor to all-rounder Sean Abbott - was hit and killed by a real estate agent.
Parramatta
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Less than 24 hours after Merryn Bertus returned from a dream US holiday with her youngest child, Hayley, Vijay Kumar struck and killed the much-loved sports loving mum while driving at Coles Express at North Parramatta.
Today at Parramatta Local Court, with 13 members of Mrs Bertus’s tight-knit family present, he avoided a jail sentence and instead was handed a community correction order of two years and a 12-month licence disqualification.
Kumar, 41, struck Mrs Bertus with his Honda Civic shortly before 8am on December 4, as she was walking to her car at the service station, causing severe head injuries as she hit the concrete.
The mother of Peter, Nick, Luke and Hayley died in hospital.
During victim impact statements, family members told the court how the sport-loving Mrs Bertus, a mother of four and grandmother of three was also respected in the wider community as a volunteer at Parramatta District Cricket Club, where her son Nick is captain and where she mentored players such as NSW all-rounder Sean Abbott.
The Northmead family was still reeling from the death of Mrs Bertus’s husband Nigel, who died of multiple system atrophy, a rare neurodegenerative disorder that is similar to Parkinson’s disease, 18 months earlier.
Jacqueline Creighton said her 54-year-old sister would work full time as a property valuer while nursing her high school sweetheart.
“Merryn would take Nigel to all his doctor and specialist appointments, she would take him on walks to his favourite places, pushing his wheelchair for hours on end,’’ she said.
“They both would sit on the sidelines and watch all their children play sport and were both loved so much by all near them.
“When Nigel passed away, besides being overcome by emotions, Merryn was determined to pull her children close and make sure they were supported and loved.
“The grief is raw, family and friends cannot comprehend how such a beautiful, loyal and loving person can be taken way too early. She is mourned daily, tears are shed and there are so many questions. How much grief can one family handle?
“Merryn gave to everyone, asked for nothing, worried for all, and always had time for people.”
That was evident at her daughter’s Our Lady of Lourdes Netball Club at Baulkham Hills — where she and Hayley were awarded for a decade of commitment the night before she died — and Parramatta District Cricket Club.
Nick, 26, said his mother was the greatest support for his family.
“The death of my mum has affected me in many different ways as she played a huge part in my career as a cricketer but also my day-to-day life,’’ he said.
“We will never be able to share special moments like graduations, birthdays, weddings, births of future children or the milestones like buying a house with our mum.
“Mum would often talk about these future moments and you could tell she couldn’t wait.’’
Hayley, 21, said her life was turned upside down shortly after they returned from a trip to New York, Atlanta and Los Angeles to celebrate her 21st birthday.
“Not even 24 hours later, I was called into Westmead Hospital to be told for the second time in 18 months that I had lost a parent,’’ she told the court.
“At that time my life was turned upside down, again.
“Mum was not only my mother but she was my best friend. We would spend a lot of our free time together, whether it was her coaching my netball games, shopping for special occasions and taking our dog for a walk.
“Mum was the first one to give me a cuddle and listen when I was feeling down, whether it was from a break up, missing my dad or feeling unhappy with myself. Losing Mum feels like I have lost half of myself.
“One memory I continue to think about is the day I turned 21. I wasn’t feeling myself that morning, as this milestone birthday had a missing piece, my dad.
“Mum and I laid in her bed for hours that day and discussed life. She had a special way of making things feel that little bit better.
“I look back now and I realise how hard mum worked to keep us all together and united after the cards we had been dealt with dad’s 10-year illness and then passing.’’
Luke Bertus, 24, praised his mother as the backbone of the family.
“Mum knew how to light up a room every time she’d walk in,’’ he said.
“It was who she was and I am proud to be her son.’’
Mrs Bertus’s sister-in-law Mercedes Bertus lauded her for being an integral part of the family for more than 30 years.
“Merryn ensured that Nigel did not miss out on any contact with his family, which could have easily resulted from his illness and mobility issues.
“Merryn had the ability to anticipate what we needed, always ready to lend a hand and was there no matter what.’’
During the sentencing, the court heard how Kumar, a Raine and Horne real estate agent, struck Mrs Bertus when he hit a blind spot because the sun blocked his vision.
He turned his head and hit Mrs Bertus the Victoria Rd service station, knocking her over and causing her head to smash on to the concrete.
Passers-by rendered first aid but her head injuries were too severe and she died at Westmead Hospital.
During the prosecutor’s submission, he said Kumar, of Parramatta, continued to drive despite having an opportunity to stop his car.
The court heard how Kumar, who had pleaded guilty to killing Mrs Bertus, had three minor traffic offences over the 20 years he has held a licence but no criminal record.
Magistrate Rodney Brender said Kumar had undertaken a traffic program since the incident, had sought psychological assistance and was remorseful.
“This is not a case that requires a jail term,’’ he said.
“On the other hand it is not a matter I can dismiss without a conviction.’’
Outside court, Mrs Bertus’s mother Maree McKelvey expressed concerns another fatality would occur at the Coles Express at North Parramatta because of the chaos and blind spots.
“It’s like Pitt St,’’ she said. “There’s a convenience store, there’s a car wash. It’s going to happen again.
“I think so many services stations are fraught with these sort of conditions …’’