MEDIA RELEASE DRINK DRIVERS AND ALCOHOL INTERLOCKS -

 
'Share Your Story '- a QLD Government site -

 

Distracted drivers are dangerous? Then why is this now a TIN? -
 
Contact Details :


WACD
Working Against Culpable Driving


ABN: 59465108403-incorporated
Phone: (03) 9444-1736
Email: info@culpabledriving.org

 


GERARD GAUCI INQUEST FINDINGS

Mother calls for reopening of death case

  • Peter Gregory   THE AGE
  • November 7, 2008

A GRIEVING mother has called for justice over her son's death
 after a coroner found a motorist deliberately drove on the wrong
side of the road before running into him.

Carmen Gauci said she wanted driver Leon Vincent Cirelli, 24, to face
more severe punishment after his four-wheel-drive vehicle hit and killed her son Gerard on September 18, 2004.

Cirelli was fined $500 in November 2006 after pleading guilty to careless driving over the crash in Yarra Boulevard in Kew.
A culpable driving charge was reported to have been dropped after a magistrate ruled there was insufficient evidence.

Yesterday coroner Peter White said Cirelli's vehicle travelled
on to the wrong side of the road while negotiating a tight left-hand bend, and collided with the motorcycle being ridden by Mr Gauci, 28.

He said Mr Gauci and the motorcycle were propelled backwards,
and he died at the scene from his injuries.

Mr White said signs indicated an advisory speed of 35 km/h near the hairpin bend, but Cirelli was found to have been driving
between 53 km/h and 56 km/h.
The speed limit in the area was 50 km/h.

Mr White said there was no evidence showing that Cirelli drove
on the wrong side because he was confused by road markings.

"Rather, the evidence establishes that he purposely drove on to
the wrong side of the road while understanding that his driving
constituted a serious threat to road users travelling in that carriageway," he said.

Cirelli successfully applied not to give evidence at the inquest
because he might tend to incriminate himself, and the evidence could be used in later proceedings.

Outside the Coroner's Court, Mrs Gauci said she wanted prosecutors to look at the case again and charge Cirelli with a more serious offence.

An experienced criminal barrister contacted by The Age said he would be surprised if the case was reopened.



Lethal driver on wrong side


Natalie Tkaczuk Sikora      HERALD SUN

November 07, 2008 12:00am

A SPEEDING driver was purposely travelling on the wrong

side of the road when he hit and killed a motorcyclist, a

coroner said yesterday.

An inquest on the death of Gerard Vincent Gauci, 28, found Leon Cirelli was driving his Nissan four-wheel-drive about 20km/h over the recommended speed around a hairpin bend on The Boulevard in Kew before skidding and hitting Mr Gauci who was almost at a standstill on his bike.

Coroner Peter White said marijuana had been found in Mr Gauci's system, but the drug in no way contributed to the accident.

Mr White found Mr Cirelli -- who refused to give evidence at the inquest on the ground that it could incriminate him -- had had "ample opportunity" to realise he was travelling on the wrong side of the road.

Mr White said Mr Cirelli understood that his driving was a "serious threat" to other road users.

Mr Cirelli was charged with culpable driving causing death, but the charge was dropped after a magistrate ruled there was insufficient evidence. He pleaded guilty to a lesser charge of careless driving, and was convicted and fined $500.

After the finding was delivered, Mr Gauci's grieving mother said Mr Cirelli should be stripped of his licence for life and put behind bars.

"Not only did he kill my son, he killed my whole family," Mrs Gauci told the Herald Sun.

"I have suffered heart attacks from the stress and my husband has had a severe stroke and will never come home. Cirelli just got a $500 fine. He should be in jail."

Mrs Gauci welcomed the coroner's finding and said her son had finally received justice.

"I knew that my son, Gerard, was always a responsible driver and rider. I feel that my son's dignity has finally been restored," she said.

The inquest heard road signs were changed after the accident and warnings painted on the road.

In his finding, Mr White recommended that sets of rumble strips should also be installed on the road near the hairpin and other similar bends on The Boulevard to slow down drivers. He said suggested speed signs should be replaced with mandatory speed limit signs.


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