‘Big step for us’: Family of 12yo killed in car crash slog through court delays
Delays in the case of a man facing a culpable driving causing death charge are weighing heavily on the family of the 12-year-old killed in the crash.
Tiny steps of progress are the only thing the Rossiter family has to cling to as the case of their 12-year-old daughter’s death is delayed by the accused man’s lawyer changes.
Jordan Kenyon, 29, faced the Geelong Magistrates’ Court by video link on Tuesday for a committal mention.
Mia Rossiter, 12, was killed in a car crash at Stonehaven near Geelong in January.
Mr Kenyon faces 24 charges, including culpable driving causing death, counts of dangerous driving causing serious injury, drug-driving and breaching parole in relation to the crash.
A large contingent of the Rossiter family, frustrated at delays to Mr Kenyon’s legal representation, were cautioned in court in May for blurting obscenities at the defendant.
In court on Tuesday, defence lawyer Sandra Gaunt appeared by video link, saying she was unsure who at her firm was representing the 29-year-old.
“Your previous solicitors have stopped acting for you, but the court is not going to be held up, so you can make up your mind about who’s going to represent you,” magistrate Peter Mellas told Mr Kenyon, who appeared by video link from custody.
“If your firm is going to represent, that needs to be done immediately,” the magistrate told Ms Gaunt.
The court will check on progress in the case in August ahead of a special mention hearing on September 20 when the court will hear from witnesses.
Mr Kenyon, who was allegedly performing burnouts and travelling at speed before he collided head-on with the Rossiter family’s car, killing Mia, remains in custody on remand.
Culpable driving causing death carries a 20-year maximum sentence if convicted.
The Rossiter family has been making 200km round trips to attend court in Geelong.
“We had a little bit of meaning today. The last few, we just felt they’re dragging their feet,” Mia’s father PJ Rossiter said outside court.
“At least now we’ve gone to the hearing, not the mention (stage),” Mr Rossiter said.
The family could pencil in August to their calendars and look forward to progress come September, he said.
“Whereas the last couple (of court hearings) we’ve had we rock up, sit down, they ask for an adjournment, ‘no worries’ and we go home. Now we’re driving an hour and all having days off work to come for a minute-and-a-half, two minutes,” Mr Rossiter said.
Thirteen family members were in court on Tuesday.
The court will hear from witnesses at the next hearing.
The defence lawyer who appeared for Mr Kenyon was directed to make or chase up a legal aid application.
“It doesn’t seem like a lot of progress, but from where we were, it’s a big step for us,” Mr Rossiter said.
Mr Rossiter needs a crutch to support his large frame, having been injured in the crash that killed his daughter.
The family has closed its cafe because of the mental and physical burdens.
“I’ve never had mental health issues, this is doing it to me,” he said.