Jessica Sosefina Tavana charged with dangerous driving causing death

A court has been told of the moments before the death of a 90-year-old man on a pedestrian crossing as a child support worker drove home from work.

Logan child safety worker charged with dangerous driving that killed a 90-year-old man.

A court has been told of the moments before the death of a 90-year-old man on a pedestrian crossing.

Logan child support worker Jessica Sosefina Tavana was driving home from work on May 4 2023, when she came to a pedestrian crossing on Blackwood Rd at Logan Central.

Beenleigh Magistrates court heard the route was one she regularly drove but she allegedly told police one tragic factor came into play that day — the sun was too bright.

The court heard Ms Tavana allegedly didn’t see a 90-year-old man, Leendert Dewaerd, on the crossing and struck him with her Volkswagen Golf.

He died from his injuries.

As a result, Ms Tavana was charged with a single count of dangerous operation of a vehicle causing death.

During committal proceedings on April 17, 2024, defence barrister Matt Jackson cross examined Senior Constable Mark Freear who was a first responder to the scene of the incident.

In a statement made by Miss Tavana, that was before the court, immediately after the collision, she said she couldn’t see the pedestrian crossing because “the sun was too bright”.

Two days after the incident police conducted a drive-through of Blackwood Road to investigate the sun Miss Tavana claimed she had been obstructed by.

The zebra crossing at Blackwood Rd, Logan.

Mr Jackson said it is a case that has “a lot of unknowns”.

“On May 6 you don’t know the darkness or width of the shadow and the brightness of the sun and you can’t say what my client would have seen on May 4 at 2.42pm,” Mr Jackson said, addressing Constable Freear.

“A reconstruction or demonstration of an alleged crime needs to be capable of producing actual facts.”

Senior Constable Freear said police had driven a Hilux Ute to conduct their drive-by investigation.

Mr Jackson said the height of the vehicle, seat position and driver height was different to that of Ms Tavana’s car.

“(The police drive by) determined a different driver’s seat height, a different car, different seated positions and the length and width of shadows and the brightness of the sun on May 4th is unknown,” Mr Jackson said.

“It’s impossible for that situation to recreate what was present, which means the reconstruction is clearly inadmissible in a court of law.

“In a committal hearing your honour would exclude the drive-through.”

Mr Jackson’s second submission was that there is no evidence of what Miss Tavana could see as she approached the pedestrian crossing.

“There is no way, no way to establish she had a clear unimpeded view of her approach,” Mr Jackson said.

“CCTV footage (from the nearby RSL) doesn’t depict what the driver of the vehicle saw, it shows the vehicle driving towards the camera.”

Miss Tavana’s police statement from the scene was played to the court.

She was seen demonstrating to police her cupped hand above her eyebrow she used when approaching the pedestrian crossing to “block out the sun”.

Mr Jackson said the prosecution must prove there was some serious breach of the conduct on the road way, potentially dangerous and subjecting the public from risk.

Police Prosecutor Stephen Cochrane said the defence had no grounds to exclude the police drive through.

“It is part of a police investigation, it should be the matter for a jury in the district court,” Sgt Cochrane said.

Magistrate Gary Finger said he rejected the defence’s submission that the police drive through is inadmissible.

“Ultimately they are trial issues for in front of a properly instructed jury,” Mr Finger said.

“You will sit before committal proceedings at Beenleigh.”

Miss Tavana has not yet entered a plea and was granted bail.

Originally published as Jessica Sosefina Tavana charged with dangerous driving causing death