A MAN has been jailed for a maximum of three years after being found guilty by a jury of dangerous driving that caused the death of his mother and his daughter in a crash near Robinvale.
The collision, on the Murray Valley Highway on April 7, 2019, seriously injured the driver of another car who was travelling in the opposite direction to accused Tharanga Ehalape-Gamage, who also sustained injuries.
On Friday before the County Court, Judge Frances Dalziel said it was a “very tragic case” whereby in the course of a few seconds, two people died and the lives of many others were forever changed.
“The consequences of the collision were significant and tragic,” Judge Dalziel said.
Each of the deceased, Ehalape-Gamage’s Sri Lankan-based 70-year-old mother and his five-year-old daughter, had been deprived the opportunity to live out their lives, particularly the child, who was just beginning hers.
She was described as a “bright joyous girl beloved by her family”, and dearly missed by her brother, who was in the car during the collision, Ehalape-Gamage’s ex-wife and the accused.
Ehalape-Gamage, now 39, was returning to his home in Mildura after spending the day at Swan Hill’s Sri Lankan festival with his mother, son and daughter when he collided head-on with another car, just outside Robinvale.
The court was told a driver travelling behind the accused had reported that before the crash, Ehalape-Gamage was driving “normally” and was not speeding.
He lost sight of Ehalape-Gamage going over a crest, with the accused’s car crossing on to the wrong side of the road just before the crash occurred.
One of the main issues discussed in Ehalape-Gamage’s trial last December was why he was on the wrong side of road, however no definitive answer could be given.
The driver of the other vehicle involved in the collision was flown to Melbourne with spinal injuries, damage to her ribs and lungs, and spend time in the intensive care and trauma units before six weeks of rehabilitation allowed her to walk again.
Ehalape-Gamage’s then three-year-old son was taken to hospital but escaped serious injury.
The accused underwent surgical reconstruction of his ankle and knee and had part of his bowel removed, and still has to wear a colostomy bag.
Defence argued that due the colostomy bag, his injuries and a mental health disorder, Ehalape-Gamage would find jail more difficult and would not be able to get the same level of psychological and physiotherapy treatment as he received in the community.
Judge Dalziel said all circumstances were taken into consideration but that the two counts of dangerous driving causing death and one count of dangerous driving causing serious injury, warranted a jail term.
She set a non-parole period of 18 months, with Ehalape-Gamage’s defence counsel telling the court he intended to appeal against the conviction and jail term.
