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‘Would not have been prevented’: Coroner’s bombshell ruling after mum takes her own life, lives of kids in fiery crash

A coroner has delivered bombshell findings into the death of a mum and her four children five years after they perished in a fiery head-on collision.

Australia's Court System

WARNING: Confronting details

A mum of four “intentionally” took her own life and her children’s lives by driving headfirst into an oncoming truck, a coroner has determined.

Charmaine McLeod, 35, was killed alongside her children Aaleyn, 6, Matilda, 5, Wyatt, 4 and Zaidok, 2, in a fiery crash on Queensland’s Bunya Highway near Kingaroy on May 27, 2019.

A lengthy coronial inquest in Brisbane last year picked apart Ms McLeod’s complex mental health conditions – including her borderline personality disorder and schizophrenia – and her repeated, unfounded claims of domestic and family violence and sexual assault to authorities in the months before her death.

On Wednesday, coroner Kerrie O’Callaghan concluded the deaths of Ms McLeod and her four children could not have been prevented – even if authorities had taken a different approach to the issues she had raised.

A coroner has found Charmaine McLeod ‘intentionally’ took her own life and the lives of her children Aaleyn, Matilda, Wyatt and Zaidok in a horrific crash back in 2019. Picture: Supplied
A coroner has found Charmaine McLeod ‘intentionally’ took her own life and the lives of her children Aaleyn, Matilda, Wyatt and Zaidok in a horrific crash back in 2019. Picture: Supplied

At the time of her death, the Hervey Bay mum believed she would lose custody of her kids to her ex-husband following an email exchange with her lawyers on the day of the crash.

James McLeod was married to Charmaine for nine years and is the biological father of Aaleyn, Matilda, Wyatt and Zaidok.

In her findings Ms O’Callaghan said the exchange triggered a “dramatic response” in keeping with her untreated mental health conditions – namely, “the killing of herself and her children”.

“I am unable to determine whether this was solely an act of revenge against Mr McLeod or a result of a genuine perceived fear for the safety of herself and her children,” Ms O’Callaghan said.

“It is difficult to conclude however that Ms McLeod acted ‘protectively’ in killing her children.”

James McLeod, Charmaine’s ex-husband and the father of her biological children. Picture: Dan Peled / NewsWire
James McLeod, Charmaine’s ex-husband and the father of her biological children. Picture: Dan Peled / NewsWire

The crash occurred about 7.30pm on May 27, 2019 after Ms McLeod overtook a semi-trailer, then “suddenly swerved” into another travelling in the opposite direction.

Aaleyn was thrown 20m from the car, which had caught fire.

Following the crash, a handwritten note was found in Ms McLeod’s purse among the debris, thew inquest was told.

In it, Ms McLeod said: “To emergency I’m sorry. Yes intentional.”

She also said she “couldn’t cope with custody sh*t any longer”, claimed she had been raped and abused and two of her children “molested” and attacked her solicitors and the Family Court system.

“How much more? Far out. This is what pushes one to the brink of murder/suicide,” the note continues.

It ended with “Blame the courts” and “Not enough help for DV victims and kids”.

Throughout the inquest, the court was told Ms McLeod had accused James of sexually assaulting her and two of their children and of being violent to her. Police determined the allegations to be “unfounded” during subsequent investigations.

Mr McLeod denies the allegations and has never been charged with any wrongdoing.

At the time of her death, Ms McLeod was embroiled in a bitter custody battle and feared she would lose her children. Picture: Supplied
At the time of her death, Ms McLeod was embroiled in a bitter custody battle and feared she would lose her children. Picture: Supplied

Ms O’Callaghan made no adverse findings against the individuals or agencies who dealt with Ms McLeod, her mental health conditions and her children.

This included the police investigation into Ms McLeod’s complaints that Ms O’Callaghan said was “adequate and appropriate”.

“Ms McLeod’s condition was very complex and no one could have predicted her suicide or filicide of her children,” she said.

“With the benefit of hindsight, it will be seen that with respect to some issues things could have been done differently or with a different focus.

“Ultimately, however, I conclude that even with a different approach … the death of Ms McLeod and her children would not have been prevented.

The coroner made no adverse findings against anyone who dealt with Ms McLeod (pictured) and her children. Picture: Supplied
The coroner made no adverse findings against anyone who dealt with Ms McLeod (pictured) and her children. Picture: Supplied

“The murder and filicide was virtually impossible to detect by the agencies.”

In her findings, Ms O’Callaghan recommended the Queensland Law Society consider providing a mental health specialist consultant service to solicitors that she said would help them seek advice to assist “vulnerable clients and those with complex, trauma and/or DFV needs”.

She also recommended the provision of “professional development opportunities” for solicitors.

“I acknowledge Mr McLeod and Ms McLeod’s family. I extend my deep condolences to them and their unimaginable loss,” Ms O’Callaghan said.

Original URL: https://www.news.com.au/national/queensland/courts-law/would-not-have-been-prevented-coroners-bombshell-ruling-after-mum-takes-her-own-life-lives-of-kids-in-fiery-crash/news-story/55de23735bd44fe441af5ab7729de77d