David James Frost pleads guilty to crash death of Erynn Job and Megan Grayling
An emotional father has described how he has been “haunted” by the confronting scene of the crash that claimed the lives of his wife and stepdaughter.
Warrnambool
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A volunteer firefighter, who was first on the scene of the fatal crash that claimed the lives of his wife and his stepdaughter, has described how he was “haunted” by what he “did and did not do” when he recognised his wife’s car at the scene.
Lee Grayling, a CFA volunteer of 35 years’ experience, acted on his training on December 24, 2020, at Mt Richmond, and followed the urging of his colleagues to sit inside the fire truck, so less emotional people could give the best possible first aid.
However, when he discovered his wife and stepdaughter had died, he said he had become haunted by the fact he missed the opportunity to kiss them goodbye and tell them he loved them at the scene.
He fought back tears as he read aloud his victim impact statement in court on Monday, at the plea hearing for the driver of the vehicle that had crossed into the lane occupied by his family’s car.
A 53-year-old Tyrendarra farmer, David James Frost, has pleaded guilty to two counts of dangerous driving causing death and one count of dangerous driving causing serious injuries to a rear seat passenger.
A defence barrister for Frost said his client accepted he would serve a jail term for the offences and wanted to plead guilty to the charges to express his remorse for the crash.
The court was told he fell asleep at the wheel and admitted having methylamphetamine in his system at the time of the collision.
Mr Grayling’s 16-year-old stepdaughter Erynn Job had been at the wheel of the car when an out of control Jeep steered across the lanes and smashed into the family’s wagon.
Erynn was a learner driver who had her L-plates displayed and took evasive manoeuvres to avoid the crash on the Portland-Nelson Rd at Mt Richmond which occurred at 10.21am on Christmas Eve, 2020.
Her girlfriend, a minor in the rear passenger seat, was flown to the Royal Children’s Hospital with serious injuries.
Airbag data extracted from the wrecks of both cars showed Frost had been driving at 104km/h and Erynn at 59km/h at the time of the collision.
The information downloaded from the airbags showed Frost’s Jeep had crossed to the wrong side of the road but had then attempted to steer away from the other vehicle.
A registered nurse who lived on a nearby property ran out to assist at the crash scene and drivers of the cars travelling behind Erynn also pulled over to help.
Defence barrister Nicholas Papas KC said Frost had no memory of the crash but believed he had fallen asleep at the wheel.
A blood sample taken at the hospital where he was treated for injuries showed the presence of methylamphetamine and a small trace of amphetamine in Frost’s system.
Forensic physician Dr Sanjeev Gaya said Frost’s driving ability would have been impaired by methylamphetamine “to the extent that he would have been incapable of having proper control of a motor vehicle”.
Another doctor, Chris Yu, gave evidence that Frost had been suffering from an undiagnosed sleep apnoea condition at the time of the crash.
Dr Yu said Frost had attended a sleep clinic after the crash and had been diagnosed a severe case of the condition, which was known for causing extreme tiredness and impaired driving performance.
Mr Papas said it could not be established how much the sleep apnoea contributed to the crash, compared to the impact of the methylamphetamine on Frost’s driving.
However, prosecutor Bruce Nibbs said it remained the crown’s case that Frost’s driving had been dangerous and the consumption of the illicit drugs contributed to the deaths and serious injuries of the victims.
The case was adjourned for sentencing on a future date.