Drug driver ‘involved’ in fatal crash but ‘not at fault’ avoids conviction
A MAN caught up in a crash that claimed the life of beloved a Darwin rural area grandmother last year has avoided a drug driving conviction after obtaining a character reference from his local MLA
Police & Courts
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A MAN caught up in a crash that claimed the life of beloved Rural Area grandmother Rita Skliros last year has avoided a drug driving conviction after obtaining a character reference from his local MLA.
Michael James Duminski pleaded guilty in Darwin Local Court on Friday to driving with methamphetamine in his blood after police cleared him of any wrongdoing in the fatal crash on November 14.
The court heard the 53-year-old was “involved” in the crash but was deemed “not at fault” before being taken to Royal Darwin Hospital where he tested positive for the drug.
His lawyer, Mary Chalmers, told the court her client had smoked “three or four puffs” of ice at a barbecue the night before the crash, which was “nothing to do with Mr Duminski”.
“It actually occurred on the roadway in front of him and it was completely unavoidable from his perspective,” she said.
“(It was) completely disconnected from the fact that he had some leftover amount of methamphetamine in his system and I think the police have reflected that quite fairly in the facts.”
Ms Chalmers said Duminski had been off work for about a month while recovering from a “mini stroke” and was suffering from anxiety and sleep problems when he accepted the proffered ice pipe.
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“He was getting back to a stage where he was looking at going back to work but he was out of sorts, he was not in his normal routine, he wasn’t quite himself and he was at that barbecue in that situation when someone said ‘Hey, have a try of this’,” she said.
“He shouldn’t have done it, he doesn’t usually do it, it he doesn’t really know why he did it, it was suggested, he did it, he didn’t in fact drive that night.”
Ms Chalmers tendered a bundle of references testifying to Duminski’s good character, which described him as a hard working, community contributing man, including from Goyder MLA Kezia Purick.
In handing Duminski a $300 fine without conviction, judge Therese Austin said she accepted “everything that Ms Chalmers put on your behalf, as does the prosecution”.
“It is the case that if you do take prohibited drugs, which are unlawful to use, they will indeed stay in your system for quite some time and that is also something that people need to be aware of,” she said.
Ms Chalmers said Duminski had been off work for about a month while recovering from a “mini stroke” and was suffering from anxiety and sleep problems when he accepted the proffered ice pipe.
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“He was getting back to a stage where he was looking at going back to work but he was out of sorts, he was not in his normal routine, he wasn’t quite himself and he was at that barbecue in that situation when someone said ‘Hey, have a try of this’,” she said.
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