Jessica Mary Benton pleads guilty to dangerous operation of a motor vehicle over crash that killed Daniel Turner
The distraught sister of M1 crash victim Daniel Turner has spoken out after a woman convicted of dangerous driving in the accident walked free from court.
Crime and Court
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“I WILL always remember my son’s thongs on the side of the road.”
That is the image which is burned into Annette Turner’s mind from the day her 25-year-old son trainee mechanic Daniel Turner was killed on the side of the M1 near Gaven.
Mrs Turner today faced down her son’s killer, Jessica Mary Benton, in Southport District Court.
Benton, 33, pleaded guilty to dangerous operation of a motor vehicle causing death.
She walked from court on a suspended sentence.
Judge David Kent sentenced Benton, a hairdresser and surf life saver, to two years, which was wholly suspended for an operational period of three years.
He also ordered she perform 240 hours community service and disqualified her from holding a driver’s licence for life.
Mrs Turner tearfully read, during the sentencing hearing, a moving statement about the day her son was killed.
As she spoke, Benton cried in the dock.
Mrs Turner told the court how her son called her about 11am on February 4 last year asking for help after his Holden Ute had broken down.
He was in the emergency stopping lane on the northbound side of the M1 just past the Smith Street merge.
Mrs Turner went to help, with a sinking feeling in her stomach, and heard about a fatal crash over a UHF radio while on the way.
When she arrived Mrs Turner was stopped from going near the car by police.
Benton, distracted by her iPod when driving a red Hyundai, had crashed into the back of Mr Turner’s Ute, causing the Holden to roll on top of him and into a tree.
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In the aftermath Mrs Turner saw her son’s thongs on the road.
“How can my son be broken down in an emergency lane and have his life taken from him,” she said.
“I will never understand it or come to terms with it.
“I was thinking in my head, this can’t be real but it was.
“He was just lying there, eyes open, teeth smashed and covered in a towel.
“I can only hope that Daniel didn’t feel any pain.”
Mrs Turner said Benton should lose her licence for life.
“(Drivers need to be aware) they are in charge of a deadly weapon that it is just like a gun and it can kill in an instant,” she said.
Crown prosecutor Gary Churchill told the court that in the moments before crash other drivers saw Benton speeding up and slowing down and veering left and right.
He said police found an iPod in the driver’s footwell with ear phones attached.
An analysis of Benton’s phone showed her phone had not been in use.
Police were unable to analyse Benton’s iPod.
Benton’s barrister Ben Power said Benton had no recollection of the incident.
He said witness statements described her as being in an extreme state of shock.
Mr Power said those at the scene had to tell her she was in a crash.
“(Benton was) observed to wet herself and she could’t remember anything and was extremely distraught,” he said.
Benton has written a letter of apology to the Turner family if they wish to read it, he said.
Mr Power said Benton had been returning from surf life saving training in North Burleigh the day of the crash.
Benton was not speeding or under the influence of alcohol or drugs.
Outside of court Mr Turner’s older sister Melanie tearfully spoke about her “fun loving” brother.
“Everybody loved him,” she said.
“He was my only brother and I’m going to miss him.
She said she was upset with the outcome.
“I just think community service for taking a life so recklessly,” she said.
“I mean the decision was made to get on the device and, you know, I just think it doesn’t send out the message for people to stop what they are doing and pay attention.”
She described it as a “slap on the wrist”.
“I just want (other drivers) to keep their eyes on the road and put their phones and iPods away and get your earplugs out and focus on driving.”
Benton did not comment as she left court.
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