Benjamin Reece Matheson, jailed for fatal hit-and-run in 2020, bailed to attend rehabilitation program

Benjamin Matheson had been jailed in 2020 for a fatal hit-and-run, and after serving his sentence and getting out on parole, he was back behind bars just two months later. Read why.

Ben Matheson was set to be sentenced in Newcastle District Court on Tuesday, instead he was referred to a rehabilitation program. Supplied Amy Ziniak

A man who led police on a dangerous pursuit, had been on parole for just two months after serving a jail sentence for a fatal hit-and-run on an elderly man, a court has heard.

In Newcastle District Court on Tuesday, Benjamin Reece Matheson was due to be sentenced for three offences which included police pursuit, drive whilst disqualified and exceeding the speed limit more than 20km/h, which he all pleaded guilty to.

The 28-year-old was also seeking bail on another unrelated charge of robbery while armed with a dangerous weapon, which he’ll head to trial for in March next year after pleading not guilty.

The court heard Matheson had been sentenced in October 2020 for at least two years after he hit and killed 91-year-old Bernie Farrell at Mayfield West on November 24, 2017, while under the influence of drugs.

The elderly man was struck crossing the road and suffered serious injuries before he died in hospital three days later.

It took almost two years before Matheson was arrested and charged over the fatal crash and he pleaded guilty to dangerous driving occasioning death and fail to stop and assist after vehicle impact caused death.

Matheson’s defence barrister Elizabeth McLaughlin asked Judge Roy Ellis to release her client on bail to take part in a full-time rehabilitation program - Global Connect - and to delay his sentencing for the three driving offences until his completion of the program.

Judge Ellis said it was the second time Matheson had come before him, after a similar application for his release into a rehabilitation program in February, but at the time he concluded the 28-year-old had not served enough time and refused that application.

He said when he sentenced Matheson in 2020 for the hit-and-run, he made a recommendation that he go into a rehabilitation program then but that it hadn’t happened, citing if he had been in rehab he may not have reoffended.

Judge Ellis lectured Matheson that he now had an “opportunity to do the right thing” and granted him bail, ordering him to complete the full-time rehab program before he considered his sentence on the current matters.

“If he fails to complete the rehab program, he’ll go back into custody ,” he said.

“You have caused death of a person by your conduct. When you are at the rehab program it will be a struggle, that’s when you have to man up and (you) owe it to the community, owe it to your family and friends.”

His matters were adjourned until October and he was ordered to remain at the centre until discharge or completion of the program.

His bail conditions were also that he not take any drugs or approach any prosecution witnesses in the robbery trial.