Tyson Agius: ‘Idiot’ learner driver left mates to die

A learner driver who fled the scene of a serious crash that left a mate quadriplegic and injured two others has heard how his friends screamed for help when he left them to die.

Tyson Agius pleaded guilty at the County Court.

A learner driver who fled the scene of a serious crash that left a mate quadriplegic and injured two others has heard how his friends screamed for help when he left them to die.

Tyson Agius, 19, pleaded guilty to one count of endangering life and one count of negligently causing serious injury in County Court on June 16.

The Gippsland man sat anxiously as his friends’ victim impact statements were heard in court.

Agius had been drinking and was driving “like an idiot” with his three mates in the car on April 7, 2020.

He swerved to hit a reflector but hit a tree instead causing a horrific accident on McGraths Track in Hernes Oak which left one mate quadriplegic.

The court heard the victim stuck in the rear seat, couldn’t feel his arms and legs, and screamed: “I’m going to die”.

Nearby residents held his head up to keep his airway open and tried to keep him awake but the 19-year-old was in severe respiratory distress with his right leg shortened and rotated outwards.

He required emergency intubation and ventilation, rapid infusion of fluid and blood and multiple chest tubes to prevent him dying at the scene or in the hours after the crash.

The man, said in a victim’s impact statement that his life changed forever.

“I now have to rely on live-in nurses to care for all my needs and my mum spends a lot of her time looking after me too,” he said.

The man said it was a “nightmare” when he found out he would never walk again or have use of his hands.

Before the accident, the court heard Agius and his three friends were drinking at a house in Newborough.

He drank three to four vodka cruisers and had smoked a bong before he went four-wheel driving in Driffield with his friends about 8.40pm.

While driving there, the group spoke about how on a previous day Agius deliberately drove off the road and struck a white reflective post.

Without warning, Agius veered his car to the left side of the road and hit a reflector post which caused the bull bar of the car to explode.

The group made it to Driffield where they went four-wheel driving and Agius drank a number of cruisers.

Two hours later, the group were on their way back to Newborough when the horrific accident happened in Hernes Oak.

Residents heard screaming about 9.45pm and called emergency services.

Before police arrived, Agius yelled out to the other passengers in a distressed and agitated tone.

A friend gave Agius his phone so he could call for help but Agius fled the scene without assisting his injured friends.

Instead Agius used the phone to call another friend who picked him up and drove him to his Newborough house.

Agius then went to his mum’s home in Rosedale where a call was made to Ambulance Victoria about 12.22am.

Police arrived at the Rosedale home about 1.01am where they forced entry into the premises as no-one responded to knocks on the door.

Agius was found hiding under a bed and was arrested.

A blood sample was taken nearly five hours after the crash where no alcohol or drugs were present in Agius’ system.

Agius’ lawyer Richard Backwell said the young man was “easily led” and immature.

“The driving he engaged in was deplorable,” Mr Backwell said.

“The consequences of it was horrific.”

Mr Backwell said Agius had a low level functioning IQ and would take drugs daily before the crash occurred in 2020.

Judge Bill Stuart said the consequences of the crash were catastrophic.

“This is a deliberate manoeuvre that he engaged in on a previous occasion,” Judge Stuart said.

“It was such a stupid thing to do with consequences that were so catastrophic.”

Judge Stuart said further information was needed about Agius’ “intellectual functioning” to determine whether he is suitable for an adult prison or youth justice centre.

The matter was adjourned to a later date.

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