THE law in NSW is set to change as a result of the deaths of Eliza Wannan and Will Dalton Brown on private property near Orange on Australia Day 2010 when they were run over in their swag after a party.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The driver of the vehicle, Rhys Colefax, who was 17 at the time, was not charged over the deaths of the 19-year-olds.
The Crimes Amendment (Off-Road Fatal Accidents) Bill 2015, which is currently before NSW Parliament, will give new powers to police to charge people with offences relating to motor vehicle accidents on private property.
Addressing NSW Parliament last week during the second reading of the bill, NSW Attorney General Gabrielle Upton said Deputy State Coroner Sharon Freund, while not making formal recommendations following the 2013 inquest into the teenagers’ deaths, highlighted limitations of the current law where a fatal motor vehicle incident occurs on private property.
Member for Orange Andrew Gee said he welcomed bipartisan support for the legislation.
“I have spoken to both families and the passing of this legislation does not represent closure for them,” Mr Gee told Parliament.
“The feelings of grief, devastation and loss arising from the passing of Will and Eliza remain to this day.
“I have been moved by their dignity [of families] and the way in which they have conducted themselves in the aftermath of this shocking tragedy,” he said.
Eliza’s father Andrew Wannan thanked Mr Gee, NSW Roads Minister Duncan Gay, Ms Upton and parliamentarians for their compassion.
“In our case justice was not well served and hopefully this will lead to more just outcomes for families who may encounter similar tragedies,” Mr Wannan said.
However, Orange solicitor and mother of Will Dalton Brown, Lee Dalton, told the CWD, there was no loophole in the law that meant Mr Colefax couldn’t be charged under existing legislation.
“He can be charged with either manslaughter or dangerous driving causing death under the Crimes Act, and it appears to be a reluctance by both police and the Director of Public Prosecutions to apply the available law,” she said.
“It is not that he cannot be charged - it is that he has not been charged.”
NSW member for Heffron Ron Hoenig, who is a former criminal barrister, told Parliament he was troubled the offence of manslaughter or involuntary manslaughter was not considered.
Ms Dalton Brown and Mr Wannan have previously told the CWD they were frustrated by delays in the case, which included a seven-month delay in the handing of the case to the Director of Public Prosecutions after the Deputy State Coroner suddenly adjourned the inquest in 2011.
The time available for any charges to be laid under the law had expired by the time the DPP received the files and were able to review the case.
