Coroner hands down findings into Seymour’s Max Loweke’s death

A popular Seymour baker may not have driven to his death in floodwaters if a council employee had not fallen asleep, a coroner has found.

Max Loweke was killed when his work van was swept into floodwaters in January 2016.

A popular Seymour baker may not have driven to his death in floodwaters if a council employee had not fallen asleep among other factors, a coroner has found.

Max Loweke, 63, was less than a kilometre from his home when he was swept into Whiteheads Creek in Seymour on January 4, 2016 about 1.50am as he was driving to work on Delatite Rd.

The region had been awash with floodwaters after heavy rain in the hours leading up to Mr Loweke’s death.

Findings from Coroner Darren Bracken revealed a council worker had not “completely” dealt with calls for help.

There were no “water over road” signs deployed and the road was not closed despite flood water sitting about 1.6m-high.

“The amount of water flowing was a serious danger to road users,” he said.

In a statement, a council employee told the court she had responded to calls about the flooding before falling asleep while putting her son to bed.

A transcript provided to the coroner showed a call between a triple-0 operator and the council worker about 10.30pm where the employee said she wasn’t sure if a request about an “hour and a half” earlier had been completed.

She then sent a message to the council‘s road maintenance co-ordinator asking who to contact for help.

The scene which confronted emergency services workers.

“Unfortunately, while (she) was putting her son to bed, she fell asleep herself without having sent anyone to the ford,” Mr Bracken said.

“That (the employee) fell asleep without completely dealing with the request for assistance is seriously regrettable.

“On the basis of the material provided to the court clearly, she acutely feels that regret.”

Mr Loweke and his Best Choice Bakery van were swept into the floodwaters almost four hours after the first call to council requesting signs.

Mr Bracken said the grandfather was affected by spinal surgery and bilateral knee prostheses, “which may have inhibited his ability to extricate himself from his car”.

“Had Delatite Road been closed, or indeed the signs deployed shortly after 10.33pm it is at least possible that Mr Loweke’s death would have been prevented,” Mr Bracken said.

“The likelihood of Mr Loweke’s death being prevented is higher if Delatite Road had been closed than if the signs were deployed.”

Mr Bracken’s findings said one officer who attended the scene in the lead-up to the accident did not cut the padlocks on the signs lying on the side of the road because he would have to explain the damage to council’s property.

Another witness who said water levels were about 1.6m around 10.30pm offered to act as a roadblock in a phone call with triple-0 until emergency services arrived but was told there was no need.

Since Mr Loweke’s death, Mitchell Shire Council has introduced a series of changes including replacing the locks on the signs with nuts and bolts.

Automatic water level detectors have also been installed.

Mr Bracken recommended emergency services conduct more mock exercises in regional areas as a result of the incident.

He also said it needed to be clear which organisation was in control during an emergency.