Cardross Road Crash
   HOME

TheInfoList



OR:

The Cardross road crash was a
hit and run In traffic laws, a hit and run or a hit-and-run is the act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions. Additional obligation In many jurisdictions, there may be an ...
crash at
Cardross, Victoria Cardross is a small town approximately 15 km south east of Mildura, in north western Victoria, Australia. At the 2021 census, Cardross and the surrounding area had a population of 847. It was the site of a road fatality in February 2006, ...
,
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
at 9.50pm on 18 February 2006, where the driver of a
Ford EA Falcon The Ford Falcon (EA) is a full-size car that was produced by Ford Australia from 1988 to 1991. It was the first iteration of the fifth generation of the Falcon and also included the Ford Fairmont (EA)—the luxury-oriented version. Development ...
station wagon struck a group of thirteen teenage pedestrians, killing five immediately and injuring eight more. The teenagers were walking along Myall Street, Cardross to a party in nearby Red Cliffs after being dropped by a
taxi A taxi, also known as a taxicab or simply a cab, is a type of vehicle for hire with a driver, used by a single passenger or small group of passengers, often for a non-shared ride. A taxicab conveys passengers between locations of their choice ...
driver at an incorrect address. Cassandra Manners, 16, Stevie-Lee Weight, 15, Cory Dowling, 16, Abby Hirst, 17 and her 16-year-old brother Shane Hirst all died at the scene. Josephine Calvi, 16, died the following day at the Royal Adelaide Hospital. On 20 February 2006, Thomas Graham Towle, an unemployed 35-year-old father of six from Red Cliffs, appeared in the Mildura Magistrates Court facing 17 charges, including six of culpable driving, five of negligently causing serious injury and one of failing to stop after a collision. On 31 March 2008 Towle was found guilty in the
Supreme Court of Victoria The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises ...
and sentenced to 10 years jail with a minimum of seven years, of which he had already served two years. He completed his sentence on 16 May 2016.


Aftermath

Peter Gallagher, a family member of victim Cory Dowling, read a statement on behalf of the victims families to a crowd of over 600 mourners gathered on the lawns at the Mildura Base Hospital on the night of the crash, :"''We are now aware that we have lost our beautiful children overnight. In a moment of time, our lives have been changed forever. No words can describe what we are and will be going through.'' The
Government of Victoria The Victoria State Government, also referred to as just the Victorian Government, is the state-level authority for Victoria (Australia), Victoria, Australia. Like all state governments, it is formed by three independent branches: the executive ...
announced it would provide A$40,000 for counselling of victims and relatives. Then Prime Minister,
John Howard John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007, holding office as leader of the Liberal Party. His eleven-year tenure as prime minister is the s ...
issued a statement, :''"It is just such a tragic loss of young lives. It is heartbreaking. Young kids out on a Saturday night to enjoy themselves and something like this happens. I, like all other Australians, (am) dreadfully sorry. I can't do more than express my profound sympathy and condolences to those who have lost their children and their friends in this terrible accident.''" Michael Jeffery, the
Governor-General of Australia The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia. Two minutes silence was observed at the Lock Rock Music Festival held in Mildura a week after the crash, on 25 February 2006.'We'll miss your cheeky grin'
''The Age'', 21 February 2006
The festival was hosted by radio announcer and former Red Cliffs resident,
Myf Warhurst Myfanwy Warhurst (, born May 29, 1973) is an Australian radio announcer and television personality, best known for her work at Triple J radio station and on ABC Television's long-running music-themed quiz show '' Spicks and Specks''. she has an ...
. Towle's family, including his children, reported receiving threats from members of the community, forcing police to make an announcement appealing for calm. Acting Inspector Michael Talbot of the Major Collision Investigation Unit was quoted as saying, :"''Creating more tensions is not going to help them. It's not going to help their families come to grips with what has happened. We, as the community, the police, the people of Mildura, all need to work together to keep calm on this and ensure that everything's done smoothly, properly and there's no trouble caused."''Man charged over Mildura car crash
''Australian Broadcasting Corporation'', 20 February 2006
The father of the accused, Graham Towle, offered his condolences, saying : ''"... with pain and tears, I want everyone to know I feel so sorry for the families and friends of the grieving and dreadful loss that has happened. The community has rallied around all concerned and I, as the father and grandfather, publicly thank them for their kindness and words of compassion."''
''The Age'', 23 February 2006
On 18 February 2007, a memorial service was held at Mildura's Henderson Park to mark the first anniversary of the crash. A permanent roadside memorial was erected at the scene of the crash in early 2007.


Committal hearing

A committal hearing began in Mildura before Magistrate Donna Bakos on 19 March 2007. A total of 42 witnesses including 28 children were called during the two-week hearing. Towle was not required to attend the committal hearing due to concerns for his safety and appeared briefly via video link at the beginning of committal proceedings. It was alleged Towle drank
bourbon whiskey Bourbon () is a type of barrel-aged American whiskey made primarily from corn. The name derives from the French Bourbon dynasty, although the precise source of inspiration is uncertain; contenders include Bourbon County in Kentucky and Bourbo ...
mixed with
Coca-Cola Coca-Cola, or Coke, is a carbonated soft drink manufactured by the Coca-Cola Company. Originally marketed as a temperance drink and intended as a patent medicine, it was invented in the late 19th century by John Stith Pemberton in Atlanta ...
earlier in the day and allowed his four-year-old child to sit on his lap while drivingTeens tell of horror smash that claimed six
'' The Brisbane Times'', 19 March 2007
Cardross deaths committal hearing told car scrapped
''Australian Broadcasting Corporation'', 19 March 2007
at speeds of up to shortly before the crash occurred. Witness Matthew Orsini denied the group had been walking on the road.
''The Australian'', 21 March 2007
Towle told police he was travelling at approximately , and that the corner "just jumped out at him". :''"By the time I was at the corner, it was pretty sharp, I put me foot on the brake and lost control of the car and then it went sideways into a group of people ... so close to the road."'' Towle described the scene to police as "absolute horror". :''"People laying down were saying, 'please help me'. I went over to one lady who was
unconscious Unconscious may refer to: Physiology * Unconsciousness, the lack of consciousness or responsiveness to people and other environmental stimuli Psychology * Unconscious mind, the mind operating well outside the attention of the conscious mind a ...
and said are you all right and someone said 'you just get away from them', then I thought with the other fellas on the road, you know, I better get out of here. There was two cars that had pulled up so I knew that there was help on its way, I just didn’t leave them stranded."''Driver fled angry threats
'' The Border Mail'', 23 March 2007
Towle fled the scene, leaving his four-year-old son and ten-year-old daughter behind. He telephoned police to notify them of his whereabouts five hours after the crash. Andrew Arden, a teenager present at the crash scene, denied threatening to kill Towle immediately after the crash, however admitted during committal hearing proceedings he yelled at Towle, saying "''You f****n' bastard, what have you done?''" and then threw a beer bottle at him. Towle was reported to be hysterical and suicidal in the hours following the crash. On advice from his lawyer, Towle also refused to provide a blood sample to police.Mildura driver 'threatened' after deadly crash
''The Australian'', 22 March 2007
Towle later told police: :"''I don't believe I did – I did anything wrong. It was a complete accident ... no driver in the world would have been able to control that corner, not even Michael Schumacher ... unless there were was a speed sign saying to slow down as the corner was approaching.''"
''News.com.au'', 26 March 2007
Defence lawyer for Towle, Brendan Murphy, QC said the
legal right Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental right ...
s of his client had been damaged, saying, :"''It will be demonstrated throughout this committal that there has been carried out by Victorian police investigators a sanitisation of statements of witnesses and as a result there has been an exclusion of important factors and this could have the result of depriving the defendant in this case a fair go''."Hit-run suspect's rights 'damaged'
''The Age'', 19 March 2007
The vehicle allegedly involved in the crash was sent to
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
for
scrap metal Scrap consists of recyclable materials, usually metals, left over from product manufacturing and consumption, such as parts of vehicles, building supplies, and surplus materials. Unlike waste, scrap has monetary value, especially recovered me ...
without the consent of the defendants' defence team. ABC TV's '' Media Watch'' highlighted a front page article in ''
The Age ''The Age'' is a daily newspaper in Melbourne, Australia, that has been published since 1854. Owned and published by Nine Entertainment, ''The Age'' primarily serves Victoria (Australia), Victoria, but copies also sell in Tasmania, the Austral ...
'' newspaper where previous court attendances of the defendant were listed, an action ''Media Watch'' suggests could influence a
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
.Media and Contempt
''Australian Broadcasting Corporation'', 19 March 2007
On 27 March 2007, Magistrate Donna Bakos ordered Towle to stand trial in the
Supreme Court of Victoria The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises ...
,Trial for Mildura tragedy
''Herald Sun'', 27 March 2007
and to appear for a directions hearing in the Supreme Court on 5 June 2007. Towle was formally refused bail, with Magistrate Bakos saying he was an unacceptable risk of fleeing.


Trial

The trial of Thomas Graham Towle began on 4 February 2008 before the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. On 31 March 2008 he was found guilty and sentenced to 10 years in prison, with a minimum non-parole period of seven years (of which Towle had already served two years on remand). Towle subsequently appealed the sentence but the original judgement was upheld. Towle was freed on parole in June 2013. In September 2015, Towle was returned to jail after the Adult Parole Board cancelled his parole amid fears of an "escalation of risk to the community". It did not reveal how he had breached the conditions of his parole. He completed his sentence and was released on 16 May 2016.


See also

* Lists of traffic collisions *
List of disasters in Australia by death toll This is a list of disasters in Australia by death toll. 100 or more deaths 50 to 99 deaths 20 to 49 deaths Between 10 and 20 Gallery Image:Port arthur outside.jpg, The Port Arthur massacre claimed 35 lives in 1996 when Martin Bryan ...


References

{{reflist 2006 crimes in Australia 2006 road incidents Mildura Road incident deaths in Victoria (state) Pedestrian road incident deaths