Tasmanian DPP Tim Ellis found guilty of causing of death of Natalia Pearn

TASMANIA’S director of public prosecutions has been found guilty of negligent driving causing the death of a Launceston woman.

Tasmania’s Director of Public Prosecutions Tim Ellis, who has been found guilty of negligent driving causing death. Picture: Nikki Davis-Jones

TASMANIAN chief prosecutor Tim Ellis has been found guilty of causing death by negligent driving, with a magistrate dismissing his defence that he may have fallen asleep at the wheel.

Magistrate Chris Webster today found Mr Ellis had been conscious when he drove on the wrong side of the road for up to 1.5 km immediately before the fatal collision of his car with that of 27-year-old Natalia Pearn on March 24 last year.

“I have concluded that by driving his vehicle on the incorrect side of the Midland Highway for one kilometre to 1.5 kms, he has departed from the degree of care that an ordinary prudent man would deem necessary … to avoid injury or death to other persons,” Mr Webster found.

Mr Ellis SC – who had pleaded not guilty - appeared ashen-faced and looked to the ground when the verdict was read, while members of Ms Pearn’s family held hands and wept in the public gallery of Hobart Magistrates Court.

The Director of Public Prosecutions, suspended from his post on full pay pending the outcome of the legal proceedings, was bailed to appear for sentencing on July 22.

He would not comment as he left court, but his legal team told Mr Webster they would be appealing the decision.

Ms Pearn’s family members, accompanied by staff of a major TV network, would not comment to reporters after the judgement.

However, her father, Alan, suggested the family was disappointed that Mr Ellis had chosen to appeal. “It’s not over yet,” he said.

Mr Ellis’ defence team had argued the DPP was not guilty because evidence pointed to him being asleep at the time of the collision, supported by his history of sleep apnoea.

The lack of skid marks from Mr Ellis’ dark blue Mercedes was cited as evidence to support the argument.

However, Mr Webster found: “Another reason for the lack of skid marks could have been that Mr Ellis was simply failing to pay sufficient concentration to the task of driving or he had insufficient time to react.”

Ms Pearn was killed by the impact of the two vehicles, at Lovely Banks, in the state’s Midlands, on March 24, 2013.