Shivantha Mudiyanselage pleads guilty to culpable driving at County Court

The family of a Sri-Lankan worker killed in a fatal collision say they “forgive” his drunken best mate who was driving and caused the incident.

Senith Perera Malabage was killed in a fatal collision in Red Hill in December 2023. Picture: Instagram

The heartbroken family of a man killed in a head on collision in a car driven by his drunk best mate after a Christmas party say they have “forgiven” the killer driver.

Shivantha Mudiyanselage, 24, pleaded guilty to culpable driving causing death and dangerous driving charges at the County Court on Tuesday — 15 months after he smashed a Toyota Yaris at Red Hill, killing his “close friend” and colleague Senith Perera Malabage, 21.

The court heard hours before the fatal incident the pair had attended a party at Red Hill, before leaving together in the Toyota about 4.50pm on December 5, 2023.

Mudiyanselage — who was a licensed driver in Sri-Lanka but not in Victoria — was seen overtaking cars at speeds of up to 100km/hr on Red Hill Rd which had a speed limit of 60km/hr.

He then drove into a bend on Arthurs Seat Rd at about 120km/h — 50km/h above the speed limit — and crossed onto the wrong side of the road, hitting a Land Cruiser driving in the opposite direction head on.

The driver of the Land Cruiser — despite being able to get out of his car at the time — suffered a fracture to his spine.

Mr Malabage died at the scene.

The court heard a sample of Mudiyanslage’s blood about 90 minutes after the incident revealed he had an alcohol reading of 0.192 — nearly four times the legal limit.

Where the fatal collision occured

In a victim impact statement written by Mr Malabage’s parents — who had flown in from Sri Lanka to attend the plea hearing — and his sister read out in court on Tuesday, the family said they had “chosen to forgive” Mudiyanselage.

“We do not want (Mudiyanselage) to be defined by this and that he finds peace within himself,” the statement said.

The court also heard how the incident had “forever altered” the family both in Australia and overseas.

A birds-eye-view of the aftermath of the fatal collision on Arthurs Seat Rd in December 2023. Picture: Supplied

“His absence has left us in profound grief, trauma and loneliness ... no words can truly capture the pain of living without him.”

In his evidence, Mudiyanselage — through a translator — told the court that he “can’t sleep at night without remembering Senith”.

“Every moment I remember him. I remember him when I go to sleep. There’s nothing I can do without thinking of him,” he said.

Mudiyanselage’s lawyer Adam Chernok told the court his client had shown significant remorse and had “excellent” prospects of rehabilitation, working in the prison kitchen seven days a week.

“The diligent way he’s devoted himself to rehabilitation is reflective of that remorse,” Mr Chernok said.

“He’s applied himself with a fervour to education and bettering himself and the fact he’s working some extraordinary hours in the kitchen shows that he’s trusted in the kitchen and the prison community.”

Mudiyanselage was supported in court by friends and by his parents who watched on in Sri Lanka via a link.

He has served 490 days in pre-sentenced detention and will be sentenced next month.