Botched investigation leaves door open for further charges: Coroner

A BOTCHED police investigation has left the door open for more serious charges to be laid over the death of a teenage motocross rider in the Rural Area last year

Maxine Yvonne Holden, 53, leaves the Darwin Local Court after being disqualified from driving for six months and handed a three-month suspended sentence for crossing double white lines

A BOTCHED police investigation has left the door open for more serious charges to be laid over the death of a teenage motocross rider in the Rural Area last year.

Xavier Lengyel, 16, was killed when Maxine Holden pulled out in front of his motorbike across double white lines on Leonino Rd in Darwin River in March.

Holden was subsequently handed a suspended sentence when she pleaded guilty to crossing the lines after the Director of Public Prosecutions concluded the road rule breach was “the only viable charge”.

But findings handed down by Coroner Greg Cavanagh on Friday revealed the incident had to be re-examined due to “mistakes and omission” by police.

“The initial investigation by the Major Crash Unit was substandard,” Mr Cavanagh wrote.

“It appears that the investigators made up their minds on the basis of evidence from those in the Subaru (Holden was driving). They did not seek to verify the information obtained and did not follow up on evidence that was in conflict with it.”

The second investigation — carried out by veteran Alice Springs crash investigator Detective Sergeant Michael Schumacher — found police made a number of errors relating to the timing of the crash and the location of the vehicles in the lead-up to it.

“Those may well have been resolved at an early stage if the first investigation had utilised the interview techniques in which police crash investigators are trained to clarify time, distance and location with all of the witnesses in the vehicles,” Mr Cavanagh wrote.

In giving evidence at the inquest, Holden maintained another vehicle pulled out three metres in front of her just prior to the crash but “when asked about her prior knowledge of the double white lines, she objected on the ground that answering might incriminate her in an offence”.

Her lawyer, Josh Nottle, told the inquiry the offence in question was dangerous driving causing death, which attracts a maximum penalty of 10 years’ prison.

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Mr Cavanagh has now referred his belief that “offences may have been committed” in relation to the death back to the DPP and recommended the Territory Government consider making the law relating to fatal crashes “more explicit”.

But despite his criticism of the initial investigation, Mr Cavanagh praised the police response to the inquiry as “by far the best response received for many years”.

“I commend Assistant Commissioner (Narelle) Beer and the NT Police on ensuring that the vulnerabilities in their systems are remedied and that there will be continuing improvement into the future,” he wrote.

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