Sydney father Jawad Al Hussein spared jail over fatal decision to drive into floodwaters near Goulburn

A Sydney dad’s decision to drive into floodwaters near Goulburn cost the lives of two of his friends. Today he learnt his punishment after being found guilty of negligent driving.

Jawad Al Hussein, of Guildford, has been spared jail time after pleading guilty to negligent driving occasioning death charges. Picture: Dylan Arvela

A Sydney father-of-five whose decision to drive into floodwaters near Goulburn cost the lives of two of his friends has avoided jail time on negligent driving charges.

Jawad Al Hussein, 43, was found not guilty of manslaughter and dangerous driving charges following a jury trial in February this year, but pleaded guilty to the lesser charges of negligent driving occasioning death.

On Friday, Judge Julia Baly sentenced him to a 10-month, community-based intensive correction order, with 350 hours of unpaid community service work.

The case, heard in Goulburn District Court, centred on Al Hussein’s decision to drive his Mitsubishi Triton ute into an engorged Preston Creek while trying to get to his property at Bevendale, about 70km west of Goulburn, on the evening of October 31, 2022.

Al Hussein’s two friends — Ghosn Ghosn, 30, and Ibrahim “Bob” Chahine, 32 — were standing in the tray of the ute alongside a dog when the vehicle stalled mid-crossing as the water rose around them.

Ibrahim ‘Bob’ Chahine. Picture: Supplied

Ghosn Ghosn. Picture: Supplied

The force of the water, the result of a deluge of rain that day, washed the car off the causeway and into the raging creek.

Al Hussein and the front-seat passenger were able to escape the vehicle and make it to safety, however Mr Chahine and Mr Ghosn, neither of whom could swim, were carried downstream.

Despite frantic efforts by Al Hussein to find them, both men were lost to the torrent and drowned, with their bodies later recovered by police.

Judge Julia Baly on Friday found Al Hussein was “highly negligent” in deciding to drive the ute over the creek, with his friends unrestrained in the back, knowing they could not swim.

“No prudent driver would attempt to drive across a flooded causeway with unrestrained passengers travelling on the tray of a ute,” she said.

Al Hussein’s legal team said their client “miscalculated the risks” involved in making the crossing, acknowledging the men had already agreed one of the group’s vehicles, a Toyota Kluger, couldn’t make it.

Jawad Al Hussein at court during his trial in Goulburn in February. Picture: Dylan Arvela

“He did take time to consider the risks and his decision to proceed, but to my mind, the risks were very obvious,” Judge Baly said.

“It was dark, the weather was bad. Some roads were closed. It had been raining, at times heavily. The causeway was flooded and the water was flowing.

“He proceeded notwithstanding these obvious and significant risks. He decided that the Kluger couldn’t cross and, in my view, was overconfident in his own vehicle and his own ability to navigate the situation.”

The court heard the charge of negligent driving occasioning death carried a maximum penalty of 18 months behind bars, however Judge Baly noted few people ever received full-time prison sentences.

She agreed to spare Al Hussein jail time, on account of his prior good character, sincere remorse, and lack of risk to the community.

“I do not think it an overstatement to say he is completely devastated that his actions caused Bob and Goshen to lose their lives,” Judge Baly said.

“He will carry this with him for the rest of his life. He has been deeply affected [and] he is deeply remorseful.”

She acknowledged the impact of Al Hussein’s actions on the families of Mr Chahine and Mr Ghosn, who she said were suffering greatly at the loss of their loved ones.

“(Their) grief is overwhelming and inescapable,” she said, but noted Mr Chahine’s wife said she had found it in her heart to forgive Al Hussein.

“She has chosen compassion and mercy,” Judge Baly said.

“She still loves Joey, that is, Mr Al Hussein, and prays for peace and healing.”

As part of Al Hussein’s sentence, he has been banned from driving for two years.