Coroner calls for more enforcement following pedestrian Tony Leonard Rice’s death
A Queensland coroner has urged the state government to roll out its mobile phone driving cameras “further and wider” at an inquest into the hit-run death of a pedestrian.
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The state government should roll out more mobile phone driving cameras, a Queensland coroner has urged during an inquest into the hit and run killing of an elderly pedestrian.
Coroner David O’Connell formally found Tony Leonard Rice was using his mobile phone while driving when he hit and killed James ‘Jimmy’ Sidney Murphy outside a Rockhampton hotel about 8.20pm on August 17, 2019.
Mr Rice had conceded as much in a bombshell confession at the inquest last month after being offered immunity from prosecution following his earlier denials of being the driver.
Mr O’Connell found Mr Rice displayed inattention by using a mobile telephone while he drove around the time of the fatal crash.
Other primary causes of the incident included poor overhead street lighting, the dark clothing of Mr Murphy, and the car at night only having its ‘parking’ lights illuminated, he said.
“The greatest responsibility for the incident from these various factors lay with Mr Rice as he was the driver,” Mr O’Connell said.
Mr O’Connell did not make any recommendations however he urged the government to increase detection cameras for people driving while using their phones.
“I note that Queensland has implemented specific cameras … that program should of course be rolled out further and wider throughout the state, and detection and penalties must be appropriately enforced,” he said.
“From my own observation within the community the using of mobile telephones while driving is quite prevalent, and experts liken it to driving while affected by alcohol,” he said.
Mr Rice had been charged back in July 2021 with dangerous driving causing death however it was later dropped by the Director of Public Prosecutions who considered there was insufficient evidence to proceed to trial. No other charges have been laid in relation to Mr Murphy’s death.
A sober Mr Murphy, then 79, had just left the Brunswick Hotel on Archer St when he was struck on the roadway by Mr Rice driving a purple Ford Falcon.
He was hit either in the dedicated bike lane beside the lane of traffic, or at the very edge of the lane of traffic. Mr O’Connell said it was possible the victim had “night-blindness” from the lights of another vehicle that had just passed.
Mr Rice failed to stop after the collision, but did slow down before leaving the scene, the inquest heard.
Mr Murphy died from his injuries in Rockhampton Hospital the following day.
“I’m sorry,” Mr Rice told the inquest.
“I know sorry doesn’t bring him back.”
Mr O’Connell said he realised there was “very little comfort to the family and friends of Mr Murphy” that the admissions made by Mr Rice could not be used in another court however giving immunity meant “answers can be obtained”.
He said the DPP’s decision not to proceed with the case against Mr Rice must have appeared “perplexing to the next of kin” given the electronic evidence countered his earlier claims about where had been on the fateful day.
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Originally published as Coroner calls for more enforcement following pedestrian Tony Leonard Rice’s death