Jed Maxwell Bell asks District Court not to jail him for causing death of best friend Mark Gabriel by dangerous driving
He was at least double the limit – but this driver has blamed everything else around him for the death of his best mate in a crash.
A driver who killed his best friend in a crash has blamed the road, a lack of signage, tree placement, gravel, debris and the setting sun for his offence – not just his own intoxication.
On Wednesday, Jed Maxwell Bell asked the District Court not to jail him for causing the death of Mark Gabriel, who was “like a brother” to him, by dangerous driving.
Sam Abbott KC, for Bell, said his client was consumed with “heartfelt dismay and sorrow” for Mr Gabriel’s death, and had written a letter of apology to his friend’s parents.
However, he said the crash did not occur solely because of Bell’s decision to drive after drinking, nor his momentary inattention.
“As he was coming around the bend, the setting sun would have been close to being in front of him … it’s a bend that gets tighter just before the impact zone,” he said.
“The speed limit was 80km/h … there was an advisory sign of 45km/h (for the bend) that had been removed prior to the time of the accident.
“An expert report says the tree was ‘unusually and dangerously close to the road’ (and) there was debris and gravel on the (road) shoulder.
“This was a concatenation unfortunate events that, together, produced a tragic event … he simply took a bend and went too wide.”
In September, Bell, 33, of Wynn Vale, pleaded guilty to causing the death of Mr Gabriel in a crash at Paracombe Rd, Paracombe in February 2023.
He had been due to stand trial over the incident, which drew public condemnation from Premier Peter Malinauskas.
Last month, Bell’s counsel said an expert report had concluded his level had been “between 0.11 and 0.18”.
That, they said, meant he should be sentenced on the basis of a reading of 0.11, unless prosecutors could prove the 0.18 reading beyond a reasonable doubt.
On Wednesday, prosecutor Paul Tate told the court that dispute had been resolved, and the parties agreed Bell’s blood alcohol level was between 0.110 and 0.118.
“The expert opinion is that (at) a level of 0.17 (Bell) would have been ‘very significantly impaired’ and, even at 0.11, would have been ‘significantly impaired’,” he said.
“The manner in which Bell approached and drove that bend was inherently dangerous, and he made the conscious and risky decision to get behind the wheel after he had been drinking.
“He deliberately took that risk … this was not a momentary lapse of attention.”
Judge Jane Schammer will sentence Bell in three weeks’ time.
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Originally published as Jed Maxwell Bell asks District Court not to jail him for causing death of best friend Mark Gabriel by dangerous driving
