13 months in jail for driver Vivian Stockil is ‘insignificant’, family of killed cyclist Leslie Camilleri says
The family of a cyclist killed when a Gippsland vet ploughed into him while looking at his phone says a minimum jail sentence of just over a year is not enough.
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WEDNESDAY UPDATE:
The family of a cyclist killed when a Gippsland vet ploughed into him while looking at his phone says a minimum jail sentence of just over a year is not enough.
Speaking outside the Latrobe Valley County Court on Wednesday, the family of 76-year-old Leslie Camilleri was emotional after the sentence of driver Vivian Stockill.
Stockil was convicted and jailed for a maximum of two years and six months, with a non-parole period of 13 months after pleading guilty.
His licence was also cancelled.
Mr Camilleri’s sister Rose Sinclair said she lost both her best friend and her brother in one moment.
Speaking to the Herald Sun, Mr Camilleri’s family said “Uncle Les” was a fit and active man.
They said Stockil’s sentence felt “insignificant” but that no sentence would be long enough.
“We are without him for the rest of our lives,” the family said, adding the 44-year-old Stockil be able to get on with his life in a few years while Les would not.
Judge Peter Rozen, in his sentencing, said the driver’s
character references showed he was a loving and supportive dad who had genuine remorse for the incident, and took into account his early plea.
But Mr Rozen said Mr Camilleri’s death was “highly preventable”.
FRIDAY MARCH 7:
A Gippsland veterinarian ploughed into a cyclist, killing him, in Victoria’s southeast after getting distracted by Google Maps on his phone.
Prosecution documents revealed Stockil was travelling about 80km/h on Bassetts Ln in Glengarry when he glanced down at his phone to check directions to a client’s house in Heyfield.
Distracted by the device, Stockil veered to the right and collided with Mr Camilleri who was riding in the opposite direction.
Stockil stopped at the scene, contacted emergency services and assisted the Traralgon man until authorities arrived.
Mr Camilleri was flown to hospital where he later died, while Stockil was arrested and taken to the Sale Hospital.
Police discovered there was no mounting unit for a mobile phone in Stockil’s ute when they searched his vehicle.
Witness Ken Marshall, who was working in a paddock near the scene, said in his statement he saw a cyclist travelling on River Rd wearing a light-coloured top prior to the collision.
“I was lifting fence posts, but the last time I saw the cyclist he was near to my neighbour’s driveway on Bassetts Ln,” Mr Marshall said.
“I backed the tractor around to lift another post, and I looked over my shoulder and saw a friend of mine, Viv, driving his ute east on Bassetts Lane...... I watched as Viv did a U-turn and park near my neighbour’s driveway.”
At the scene, Stockil told an officer he didn’t see the cyclist at first.
“I saw him late, like really late,” Stockil said at the time.
“Well I’m heading out to a job and I am checking an address … on my phone.
“Coming past the dam there I looked – I looked like that and went ‘it’s all clear’.
“(I) picked up my phone and went ‘well where is it’ — I did that and looked up again and there he (the cyclist) was.”
Stockil also told witness Evelyn Freeman he was “on the phone” and thought he had “killed” the cyclist.
“I got a call from a client in Heyfield who needed help — I looked up Bassetts Ln and it was all clear,” Stockil told Ms Freeman.
“I looked at my phone to see where I was going and struck the rider.”
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Data from Stockil’s phone revealed he had used his phone to search in maps before making the first call to triple-0 about a minute later.
In an interview after the collision, Stockil provided no comment responses to all questions put to him.
On Friday March 7, Stockil’s defence lawyer submitted his client suffered from autism, was remorseful and accepted responsibility.
The prosecutor said while Stockil had autism, he still had high intelligence.
“Dr Stockil is not a vulnerable person, (he) knows the risks of mobile phone use while driving,” she said.
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