John ‘Jack’ Van Remmen faces court over Malmsbury fatal crash
An American disability worker won’t be deported over the death of a Kyneton grandmother in a ruling the judge said would “please no one”.
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An American disability worker will not be deported over the death of a Kyneton grandmother in a ruling a Melbourne judge said would “please no one”.
John ‘Jack’ Van Remmen, 30, was sentenced to 10 months in prison by the Melbourne County Court on Tuesday for the death of 64-year-old Colleen Plowman.
The American citizen pleaded guilty to dangerous driving causing death in a sleep-deprived highway crash on Saturday September 5, 2020.
Judge Felicity Hampel said it was a “tragic case” which had devastated the lives of not only Ms Plowman’s family but also Van Remmen.
“A good and blameless person has been killed by another good and blameless person,” Judge Hampel said.
“You have a big personality and a big heart.”
The court heard Van Remmen moved to Victoria in 2019 to work with children with severe autism and was beloved by both his clients, their families and his colleagues.
Judge Hampel said Van Remmen was a “fearless advocate” and a “lifetime contributor to serving those less fortunate”.
The court heard in the four days leading up to the crash Van Remmen had trouble sleeping, possibly due to a diagnosed sleep disorder.
A sleep specialist said the fatigued American driver was likely “confused and disorientated” as he turned his grey 2009 Holden Sedan onto the wrong side of highway at Mollison St, Malmsbury.
Witnesses said Van Remmen continued down the highway for 1300m, despite other cars flashing their lights to warn him.
Van Remmen collided headfirst into Ms Plowman’s car, sending them both spinning clockwise.
Ms Plowman had just dropped her grandchildren off with their mother after spending the day baking Father’s Day cookies.
The court heard Van Remmen helped Ms Plowman out of her car as she began hyperventilating.
The 64-year-old was initially able to stand, but soon collapsed.
CPR was performed on Ms Plowman but her chest injuries were too severe and she died at 5.42pm.
Her daughter, Jalna Holmes was nearby the scene and heard the crash. She tried to call her mother but the phone rang out.
Ms Holmes raced to the crash site and watched as paramedics tries to revive her mother.
“Her trauma is something I have to live with everyday when I drive past (the site),” Ms Holmes said.
Witnesses said Van Remmen cried on the side of the road and told police he was looking for a rest spot and was “nodding off” when he mistakenly turned down the highway.
A video link of the courtroom showed the Plowman family huddled, wiping away tears as one-by-one they shared their loss.
Her son, Caleb Plowman said he was “unbearably heartbroken” and had not completely dealt with the grief of identifying his mother’s body.
“The one image that won’t leave me is mum’s body frozen,” Mr Plowman said.
He said he remembered his mother’s mouth was still open as she lay in the coroner’s office.
“Mum was chasing that last breath all the way to the very end,” Mr Plowman said.
“She deserved a better end than that.”
Ms Holmes said her daughter now slept with a scarf and photo of her grandmother and asked “can I go to heaven and stay with Nana?”.
Her partner Brent Holmes said his family had “forgotten how to be happy”.
“The endless tears of my wife, my daughter and my son, it’s something that has broken me.”
Van Remmen wiped away his tears while listening to the Plowman children and said he could never undo the pain he caused them.
“I will spend the rest of my life bearing (this) on my back,” Van Remmen told the court.
“It made me believe at times that I do not deserve to live on this earth.”
Van Remmen was working as a behavioural clinician in Bendigo and living in Hawthorn East at the time of the fatal crash.
His colleagues and families of children he worked with testified in court to the positive impact the Irabina Autism Services specialist made for autism treatment in Central Victoria.
On Tuesday September 21, Judge Hampel said it was a difficult sentence to hand down.
Judge Hampel said Van Remmen should have realised he was fatigued and should have been aware of the multiple warnings that he was driving on the wrong side of the road for more than 1.3km.
But she said the 30-year-old American citizen’s ties to his partner, workmates, as well as young clients and their families would be severed if he faced a year-long prison sentence.
His barrister David Hallowes said the American would automatically lose his visa and face deportation if he had a prison sentence of more than 12 months.
“No sentence will bring Ms Plowman back,” Judge Hampel said.
“The sentence I hand down will not please everyone – it may please no one.”
She said the strict condition of prison under Covid, the likelihood of homophobia and the additional strain on the man suffering depression would make this sentence more difficult.
Judge Hampel said the 10-month prison sentence was necessary, despite Van Remmen’s good character and his contributions to the community.
She also ordered that Van Remmen’s licence would be cancelled for 18-months.
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