Findings into death of four kids and mum a ‘waste of time’, says grandfather

It was “virtually impossible” to prevent a mother’s actions behind the wheel before she died in a crash with her four children, a coroner has found.

However, the findings into the deaths of Charmaine McLeod and her two daughters and sons have been dismissed as a “waste of time” by a family member.

Charmaine McLeod and her children, Matilda, Aaleyn, Wyatt and Zaidok.

Coroner Kerrie O’Callaghan on Wednesday said McLeod, 35, was at the wheel when her car collided with a truck on the Bunya Highway at Kingaroy, north-west of Brisbane, in May 2019.

She died on impact along with Aaleyn, 6, Matilda, 5, Wyatt, 4, and Zaidok, 2, before the car was engulfed in flames.

The coroner found McLeod’s actions were deliberate.

“It was a devastating tragedy that caused unimaginable grief for the father [James McLeod],” O’Callaghan said, handing down her inquest findings.

The 2023 inquest had been told McLeod had a complex mental health history, suffering from untreated borderline personality disorder, along with suicide attempts.

She and McLeod had four children before separating in 2017, sparking a custody battle.

She had made allegations against McLeod of threatening behaviour and sexual abuse after their separation, the coroner was told.

Mr McLeod denied the allegations to police at the time, and his barrister challenged them at the inquest.

Ms McLeod had complained that police were not keeping her safe and the legal system was letting her down, culminating in a sense of hopelessness.

“It is apparent Ms McLeod perceived that she was in a desperate situation,” O’Callaghan said.

On the night of the crash, she received an email that she perceived indicated she was going to lose custody of her children to her former partner.

This triggered a “dramatic” response, the coroner said.

O’Callaghan was unable to determine whether the crash was an act of revenge against Mr McLeod over the custody battle, or whether she had “acted protectively” toward her children.

James McLeod with his four children.Credit: ninevms

The coroner was tasked with investigating how police, support services and child protection agencies responded to McLeod’s mental health struggles and allegations.

She also sought to find out whether the deaths could have been prevented.

“No one could have predicted her suicide or filicide,” O’Callaghan said.

“Ultimately, I conclude that even with a different approach to those issues, the death of Ms McLeod and her children would not have been prevented.”

The coroner made no adverse findings against police, any individuals, or health and support services assisting McLeod in her mental health battle.

Agencies responsible for the protection of children also responded appropriately, she found.

But O’Callaghan recommended better training, support and guidelines for legal practitioners who have clients experiencing domestic and family violence and complex mental health issues.

Mr McLeod declined to comment outside the Coroners Court in Brisbane on Wednesday. But his father, Paul Harris, said the findings were a “waste of time, waste of money, waste of peace”.

If you or anyone you know needs help, call Lifeline on 13 11 14 (see lifeline.org.au), Beyond Blue on1300 22 4636 (see beyondblue.org.au) or 1800 RESPECT (1800 737 732).

AAP