Musician Sean Richard Diver pleads guilty over Sarina hit and run

A regional pub musician caused a horror hit and run that left his best mate in a wheelchair for more than two months. The driver walked away with the minimum penalty.

Musician Shaun Richard Diver pleads guilty to reckless driving causing grievous bodily harm to his former best mate in a hit and run incident at Sarina on February 13, 2022.

A pub muso behind a shocking hit and run at Sarina that left his best mate in a wheelchair for more than two months has walked away with a minimal penalty.

CCTV cameras captured the moment a white Colorado dual cab ute struck Dale Mitchell on Broad St in the early hours of February 13, 2022, and drove away.

Mackay Magistrates Court heard police were called to the hit and run about 1am where they saw a man laying face down on the bitumen and vehicle debris spread across roadway.

About 40 minutes later as police were patrolling Millennium Dr in relation to another matter, they came across Sean Richard Diver and a woman who “appeared to be intoxicated” in the driveway of a property.

“Police received information that at 12.45am a white dual cab ute … a pulled into (the address) … and a female was heard hysterically crying and saying ‘what the f--- just happened’,” Sergeant Linden Pollard said.

Officers also came across a damaged white dual cab ute, which Forensic Crash Unit officers seized about 6am for examination and it was later determined to be the vehicle used in the hit and run.

Musician Shaun Richard Diver pleads guilty to reckless driving causing grievous bodily harm to his former best mate in a hit and run incident at Sarina on February 13, 2022.

VICTIM’S BACK BROKEN IN THREE PLACES

Medical records revealed Mr Mitchell suffered a shattered right foot, three broken bones in his left foot, a broken back in three places, torn shoulder ligaments and a broken left knee.

“He’s had four operations since the accident and has been a wheelbound chair for 2.5 months,” Sergeant Pollard said.

In December 2022 Diver was charged over the crash and he admitted he was driving the ute at the time of the hit and run but “denied recalling the actual incident”.

“(He) told police he had been drinking at the pub prior with his best mate, the victim in the matter, however did not believe he was intoxicated,” Sergeant Pollard said.

“(He) denied any knowledge of hitting the victim and only become aware when he received a phone call from the victim’s girlfriend asking where he was the next morning.

“(He) told police he called the hospital and that’s when he was aware the victim had been injured.”

The court heard the damage to the vehicle was $16,000.

He was fined and avoided having a conviction recorded.

Ultimately Diver, a 37-year-old father, pleaded guilty in court to reckless driving causing grievous bodily harm over the hit and run.

Barrister Isaac Munsie said the victim Mr Mitchell, who was one of his client’s closest friends, had left the pub first “and this incident happened”.

The court heard his client had endured homelessness in his teens and moved to Mackay about 10 years ago where he now works as a musician every Friday, Saturday and Sunday.

The court heard he had no history of a like nature.

Magistrate Damien Dwyer said because of the submissions and the charge, “I can only accept that it’s reckless driving”.

“I must accept that this is an accident that occurred late at night, there’s no information to me as to how that happened, why it happened, where it happened,” Mr Dwyer said.

Diver was fined $1200 and disqualified from driving for six months.

A conviction was not recorded.

Originally published as Musician Sean Richard Diver pleads guilty over Sarina hit and run