Townsville Supreme Court trial: Gregory Clubb found guilty of the manslaughter of motorcyclist Jennifer Board
The manslaughter trial of Jennifer Board, where a car thief pleaded not guilty to causing the motorcyclists death has come to an end after a jury deliberated for two days.
Townsville
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After an eight-day trial, and 14 hours of deliberating a jury has found car thief Gregory Clubb guilty of the manslaughter of Jennifer Board.
With tearful eyes, a spokesperson for the Board family said “we’re satisfied that justice has been served”.
Clubb whose family sat at the back of the courtroom for the trial also wept, as did Clubb as he exited the courtroom into the watch house.
The now 20-year-old man who was a self-admitted car thief pleaded guilty to the charges of entering a dwelling to commit an offence and the unlawful use of a vehicle at the beginning of the trial – but had entered a plea of not guilty to killing Ms Board as he claimed the self-titled vigilante driver was the one to blame.
Throughout the Townsville Supreme Court trial which began last week, the jury heard that vigilante driver Chris Hughes was known to Clubb as he had consistently chased him at least for a year-long period prior.
Crown prosecutor Andrew Walklate told the jury that on February 5, 2021 Clubb threw a shock absorber at Hughes’ Holden Statesmen and the high-speed chase began, with the car thief claiming he reached up to speeds of 180km/hr during the chase, and in front of the Weir State School before Ms Board was struck, was traveling at 120km/hr.
The jury heard from witnesses who were on the road at the time and saw the cars, as well as investigating officers, a speed analyst and listened to Clubb’s initial police interviews.
Clubb’s defence barrister Ross Malcomson had argued the criminal responsibility fell at Hughes’ feet and his alone, which was ultimately rejected by the jury.
He is set to be sentenced on October 23 and is remanded in custody.
TRIAL, DAY FOUR
In the final hours of the manslaughter trial of a young motorcyclist who was killed following a high-speed chase with two separate cars, the defence for the man involved claimed the tragedy would not have occurred had it not been for a self-proclaimed vigilante driver.
When beginning his closing address, defence barrister Ross Malcomson who is representing Gregory Clubb who has pleaded not guilty to manslaughter, asked the jury a question.
“Had Chris Hughes not chased Gregory Clubb on February 5, 2021, would Jennifer Board have died?” he said.
“The answer is no. The traffic crash would not have occurred, she would still be alive.”
He said he believed the prosecution had failed to prove Mr Clubb was criminally responsible for the aspiring police officer’s death.
“He was being chased by a person known to him known to ram cars off the road, and bash and inflict violence on people he stopped,” Mr Malcomson said.
“What was he to do? Wait to be bashed by Hughes? I suggest not.”
‘Criminal responsibility rests at the feet of Chris Hughes’
The defence touched on evidence submitted to the court that was a police recorded interview between Mr Clubb and officers three days after the crash, and said the man had shown “raw emotion and honesty”.
“’I was scared stiff’, that is particularly important, and shows emergency and compulsion,” the barrister said when quoting Mr Clubb from the evidence.
“Just because he was in a stolen car doesn’t justify the actions of Hughes that night. Like I said, if Hughes didn’t chase Clubb, Jennifer Board would not have died.”
He told the jury when they were to retire to deliberate to use “common sense”.
“Criminal responsibility rests at the feet of Chris Hughes, and Chris Hughes alone,” Ms Malcomson said.
“He was being chased at a very high speed by a vehicle that was very very close you need to understand the threat that was coming.
“There is no room for political correctness, the more robust the debate the better, put sympathies aside and use common sense.”
Crown prosecutor Andrew Walklate told the jury from the outset of his closing address that he believed referring to Hughes as a ‘vigilante’ was inappropriate, but claimed both men were responsible for the death of Ms Board.
“They are not crime fighters who act for a common good or improve lives,” Mr Walklate said.
“They have made our roads unsafe and it’s for those reasons I will not use the term vigilante.”
When it came to analysing Mr Clubb’s actions the night of the crash, the crown said his behaviour was one of “negligence”.
“When any of us drive we carry the right of the responsibility of driving, we have a duty to other people because we are in charge of something that’s potentially dangerous,” he told the jury.
“Mr Clubb did not do what was expected of him, he failed to perform the duty as driving as he did and he caused the death – he was not the only cause.”
‘He was getting off on it’
The crown touched on evidence such as the speed estimate Mr Clubb had been travelling throughout the chase, and reminded the jury he told police he reached up to 180km/hr and when he turned onto Ross River Road said he was driving 120km/hr in
the 60km/hr zone.
“Those in combination are extraordinarily dangerous and unsafe way to drive,” he said.
“It was inevitable if you drive that way that it’s dangerous and you’re taking lives into your own hands.”
He added that Mr Clubb knew he was engaging with someone who was capable of speeding after him, as he had told police he had been chased by Hughes as early as a year prior.
“He wasn’t fleeing, he was engaging,” Mr Walklate said.
“He lives for this, he wants this, he was getting off on it.”
He concluded by telling the jury that Mr Clubb does not need to have been the “sole cause” of Ms Board’s death, that they could find him criminally responsible for being “a significant or substantial cause”.
Justice David North began summing up the evidence Friday afternoon with the jury set to return to Townsville Supreme Court for deliberation on Monday.
TRIAL, DAY THREE
A car thief claimed during a police recorded interview that was played to a jury in a manslaughter trial that he would “take any risk” to get away from vigilantes as he was fearful they would “bash” him.
Gregory Clubb has pleaded not guilty to killing Jennifer Board after the vigilante driver that was chasing him lost control and crashed into the woman on a motorcycle in 2021.
On day three of the trial, a recorded interview was played to the court where Mr Clubb told an officer he was driving at a range of high speeds moments before the tragic collision.
The then 18-year-old was heard sobbing and heavily breathing, as he told the officer he travelled from Riverway Drive to Ross River Road at 120km/hr.
He again confirmed he was travelling at 120km/hr after he flew through a red arrow at the intersection in front of Willows Shopping Centre however later on in that same interview, he claimed the fastest speed he reached was 180km/hr.
A speed analyst took to the stand during the trial where he said he investigated the estimated speeds vigilante driver Chris Hughes who crashed into Ms Board had been travelling.
The analyst told the jury he examined two CCTV clips one that captured Mr Hughes driving on Ross River Road and determined the slowest he could have been driving was 119km/hr and the fastest he could have been driving was 145km/hr with a potential average speed of 132km/hr.
In the second CCTV that was taken from the Weir State School and caught Mr Hughes moments before the crash, the slowest he was estimated to be driving was 108km/hr and the fastest speed was 133km/hr according to the analyst.
Mr Clubb told police he was only “cm” ahead of Mr Hughes when in front of the school.
During the police recorded interview between Mr Clubb and the officer, the young man said moments before the crash he tapped on the brakes he had planned to slow down but was going too fast to brake quickly.
‘I was scared so f--king bad’
“I saw him try to ram me, I was already going too fast,” Mr Clubb was heard saying.
He said multiple times throughout the recorded interview that Hughes hit the back of the car before the crash.
“I saw him spinning in my rearview mirror and I kept driving,” he said.
“I know I shouldn’t have kept driving, I was scared so f--king bad.
“I didn’t know he hit that lady or I would’ve stopped there, I felt bad I thought she was okay,” he stuttered.
Additionally in the interview, Mr Clubb was asked if he knew Hughes previously to which he said Hughes was his best mate’s cousin and had been chasing him for a year because he knew he drove stolen cars.
‘They should just leave it to the police’
“He chases me on a regular basis bro,” Mr Clubb said.
“They should just leave it to the police, police still catch us and arrest us, good ways, stop being a hero.
“We’re just kids you know, we do whatever we can to get away. I’ll take any risk, f--k that, I’ll take any risk to get away from vigilantes because I know they bash you.”
In a police statement signed by Mr Clubb and what formed the final piece of evidence for crown prosecutor Andrew Walklate’s case, he shared the reasoning behind his offending.
“I do this for the adrenaline, the money, the cars and houses,” the statement read.
“It’s a competition to see who can get the best car.
“I know there are vigilantes in Townsville, I call them ‘vigos’, they look for stolen cars to ram them and throw rocks at us and try to catch us. They’ve made their own spikes like the police have, I know this because I’ve been spiked by the vigos before.”
Defence barrister Ross Malcomson said Mr Clubb would not give evidence which is within his right, nor take to the stand himself.
Justice David North dismissed the jury to return on Friday morning to Townsville Supreme Court for closing addresses by both sides before beginning deliberation.
TRIAL, DAY TWO
The tyre marks left as a result of two reckless drivers speeding down a Townsville street showed no signs of collision or that one bumped into the other, before one of the drivers lost control and crashed into a motorcyclist.
On day two of a trial where Gregory Clubb has pleaded not guilty to killing Jennifer Board, a senior constable who has worked in the Forensic Crash Unit since 2020 has described the conditions of the scene following the tragic crash.
It has been alleged by crown prosecutor Andrew Walklate that the 20-year-old who was the driver of a stolen vehicle also played a role in an aspiring police officer’s death when he engaged in a high-speed chase with vigilante driver Chris Hughes in 2021.
“The pattern of those tyre marks shows no signs of breaking,” the officer said.
“It’s from steering and loss of control.
“There is nothing to indicate that a collision occurred from the tyre marks.”
The officer said while there was no tyre marks or debris to show there was a collision she couldn’t completely rule it out.
“I can’t say there wasn’t a collision or bump, but from the evidence I have there’s no contact.”
‘He was trying to kill us’
The young man who was sitting in the passenger side of the stolen vehicle the night of the crash and was the original driver, took to the stand and told the jury of the fear the group had as they were being “chased” by vigilantes.
“We were just in the backstreets and the car popped up and chased us, we were trying to get away,” he said.
“We came up to the Weir School and that’s when he hit us.
“He hit us from the back, he spun himself out of control.”
Defence barrister Ross Malcomson reminded the man of his statement to police.
“You were asked how close was (Hughes), and you said ‘He was up our arse bro’,” the barrister stated, to which the young man replied “yes”.
“You said, ‘He was trying to kill us’ is that right?”
The man agreed.
Mr Malcomson then said, “You were asked, was (Mr Clubb) doing anything that could have caused the crash and you said, ‘No he was just trying to get away’”.
The witness agreed.
Road users and residents who witnessed the horror crash described to a jury on day the traumatic scenes and the ‘aggressive’ way the two drivers involved were travelling.
One young man, who took to the stand, was on his Learner’s licence and clocking up hours for his log book with his mum the night of the crash.
He described to the jury how he was stopped at a red light in the right-turning lane headed from Riverway Drive to Ross River Road.
“A car flew past us on the left and a few seconds later a second car sped through the same red light,” he said.
The crown prosecutor confirmed with the man that the first car was the stolen Hyundai being driven by Mr Clubb, and the second was the Statesman driven by Hughes.
The man said when the light turned green he also turned right following the cars.
“I turned to my mum and said ‘They just crashed’, as we drove past there was a lot of commotion, tyre smoke and cars pulled over,” he said.
‘100 per cent full throttle’
One man who was driving with his partner into the Kirwan area from Townsville City described the cars as going “100 per cent full throttle” as they passed them nearby the Weir State School.
“They were both driving erratically, everything from swaying all over the road, high beams in our face as they were coming the opposite direction, moving left and right across the road, all over the road,” he said.
He said the cars were travelling “uncomfortably close” to one another opposite him.
When asked if he could further describe the movements of the vehicle, the man said that “aggressive” was the first word that came to mind.
“As they were approaching us we were worried they were going to lose control into our car, it was sporadic, sharp turning, fast movements to counteract whatever was happening at 100 per cent throttle,” he said.
The witness further told the jury they noticed the Statesman turned into the Weir State School carpark through the rearview mirror.
“Knowing the speed the vehicle was doing we knew there was something wrong that’s why we decided to turn around,” he said.
“We saw dust come underneath the lights, dust and smoke.”
A former member of the vigilante Facebook Messenger group chat ‘MOB’ in which Hughes was a part of, told the court that following the crash Hughes was “defensive” over the dashcam footage that would have been taken of the crash involving Ms Board.
Mr Malcomson put to the man that Hughes asked someone to get the dashcam from the front of his car, to which the man agreed.
He also agreed that he was given the dashcam and had kept it until the following day when the group of MOB members met at a house and Hughes snapped the SD card in half, before another member of the group suggested it be burnt.
“To your memory, (Hughes) got really defensive over the dashcam?” Mr Malcomson put to the man and he agreed.
“(Hughes) then put the SD in some metal dish and you watched (another man) spray fly spray into the dish on the card, and you’re not sure who but you believe it was (Hughes) who then used a lighter to ignite the spray.”
The man confirmed.
The trial will resume Wednesday in Townsville Supreme Court where the defence barrister will cross examine the Forensic Crash Unit officer.
TRIAL, DAY ONE
The trial for a man accused of killing a young woman after he drove a stolen car and took part in a “catch and evade” game with another driver has begun this week, three years on from the alleged offending.
In Townsville Supreme Court on Monday morning, Gregory Clubb pleaded guilty to entering a dwelling to steal keys and unlawfully using a car without the owner’s consent, however entered a plea of not guilty to unlawfully killing 22-year-old Jennifer Board.
Crown prosecutor Andrew Walklate told the jury on February 5 in 2021 Mr Clubb and Christopher Hughes engaged in dangerous driving through Townsville that saw them both drive through red lights, drive at high speeds and weave through traffic.
Mr Walklate said on the day of Ms Board’s death, Mr Clubb stole a Hyundai IX35 from a home in Mount Louisa which he has already pleaded guilty to.
“Gregory Clubb baited Chris Hughes and threw a shock absorber at Hughes’ car,” Mr Walklate said.
“The cars engaged with each other in a dangerous way, it was a game to them of catch and evade.”
He told the jury the two men had known each other for a year, through “previous chaotic, unsafe thrillseeking drives”.
Mr Walklate played CCTV footage to the jury during the opening address that showed the cars driving at high speeds across Condon, Rasmussen and Kirwan predominantly down Ross River Road and Riverway Drive, before getting to the front of Weir State School.
It’s in front of the school that the cars touched and Hughes lost control of his vehicle, hitting Ms Board who was on a motorcycle, as shown by the footage played in court.
Mr Walklate said the Statesman driven by Hughes wound up striking a tree, whereas Mr Clubb continued to drive off in the stolen vehicle.
“Mr Clubb chose to drive in the way he did, he was an active participant in that driving that was a substantial cause of Ms Board’s death,” the crown said.
“Hughes obviously made contact with Ms Board and was also a substantial cause.”
Defence barrister Ross Malcomson instructed by Aboriginal and Torres Strait Island Legal Services told the jury that there was nothing he was going to say throughout the trial that would take away from the “terrible, tragic loss of life”.
“This trial is about whether a man being pursued by a vigilante, where that man was being chased, is criminally responsible for the death,” he said.
“You must put to one side any sympathy for Ms Board, and moreover any prejudice you may have against the accused when undertaking the most critical role as a juror.
“By the end of this trial you will not be satisfied that he was criminally responsible for the death of Jennifer Board.”
The fate of the 20-year-old man’s future will be in the hands of seven men and five women jurors who were empanelled in what’s expected to be a two-week trial and is proceeding in front of Justice David North.
Sitting in the dock, Mr Clubb turned and smiled at family members who were sitting in the back of the courtroom in his support.
Ms Board’s family members were also present to watch the proceedings.
Throughout the trial the jury will hear evidence from passengers of both vehicles, as well as witnesses that saw the cars driving and experts such as speed analysts, a pathologist and police officers involved in the investigation.
The trial will resume Monday afternoon.
Originally published as Townsville Supreme Court trial: Gregory Clubb found guilty of the manslaughter of motorcyclist Jennifer Board
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