Fatal crash accused Clinton Benjamin Leisha has charges upgraded in court

A man accused of killing a beloved great grandmother from a fatal crash and fleeing the scene while she and her injured husband laid in agony has had his charges upgraded in court.

Images shared by Dianne Herbener's family.

A man accused of killing a beloved great grandmother in a fatal crash has had his charges upgraded in the Rockhampton Magistrates Court.

Police allege 36-year-old Mount Morgan man Clinton Benjamin Leisha was driving his Nissan Navara along Razorback Rd at Bouldercombe on February 19 when it collided head-on with Dianne and Peter Herbener’s Mazda 323.

Both Dianne and her 73-year-old husband Peter – who was driving at the time – were transported to Rockhampton Hospital.

Dianne tragically succumbed to her injuries on February 24.

Dianne Herbener, pictured with her husband Peter Herbener, tragically died after a car crash. Photo: Contributed

Police prosecutor Claudia Neill-Ballantine withdrew the single charge of dangerous operation of a vehicle causing grievous bodily harm, and replaced it with dangerous operation of a vehicle causing death or grievous bodily harm and manslaughter, in court on August 29.

Police allege in court documents that Mr Leisha was “driving aggressively” and had overtaken two vehicles travelling southbound on Razorback Road while three other vehicles were travelling north.

Police further allege the head-on collision took place along a straight section of the road leading into a blind right-hand bend with continuous double white lines and a speed limit of 80km/hr.

At the time of the incident police alleged Mr Leisha was “observed assisting motorists to collect and place unknown personal belongings into a backpack before he fled the scene on foot towards Mount Morgan”.

Mr Leisha was located in Mount Morgan by police after a search and taken into police custody on February 19.

He was also charged with two counts of driver fail to remain at incident, and one count each of driving an unregistered vehicle, driving an uninsured vehicle, driving without a licence repeat offender, driving a vehicle with false registration plates, enter premises and commit indictable offence by break and receiving tainted property.

Defence lawyer Ashley Reynolds said the brief of evidence was complete.

“It is a complicated committal process now with two different courts that it will have to go to,” she said.

“It will have to be two separate ones, one for the Supreme Court and one for the District Court.”

Magistrate Cameron Press adjourned Mr Leisha’s matters to September 27.

No pleas have been entered.

He is currently in custody at Capricornia Correctional Centre.

Originally published as Fatal crash accused Clinton Benjamin Leisha has charges upgraded in court