Working Against Culpable Driving ::

DEAL OR NO DEAL????

******* The OPP does deals with defence lawyers and offenders

agree to plead guilty to a lesser charge, supposedly for the betterment

of all.

But who does this really benefit? In cases of culpable driving, it seems

to be easier to plea bargain down, especially if the driver runs.

A report in the age states that Police are left out of the loop in these

negotiations with defence lawyers by the OPP.

Why aren’t the Police involved in these decisions?

Why aren’t the police asked, regardless of anything else, their opinion

in a case that they will have to stand up and be questioned on?

The police do not charge culpable driving lightly, the criteria is

ridiculously high considering a life has been taken by obviously criminal

behaviour.

Perhaps the charge of Culpable Driving should be scrapped and a

charge of ‘murder by motor car’ should take its place.

If they want to do a deal they can plea bargain down to a charge of

manslaughter by motor car, which would still have a sentence of 20

years attached to it.

The current maximum of 5 years for dangerous driving (now ten)

causing death that offenders plea bargain down to from culpable driving

is too extreme in its difference.

There have been some recent distressing decisions made by the

OPP.The death of motor cyclist Gerard Gauci in 2004 was a

disgraceful example and has left his family shattered.

The offender was charged with Culpable Driving and it was plea

bargained down to a charge of careless driving.

The offender went from a maximum of 20 years to walking out of court

with a $ 500.00 fine and not even any licence loss.

Gerard Gauci’s life was treated in the courts as just a nuisance to the

offender.

Many road death victims are treated this way and it is time for the OPP

to stand up and defend these victims the same way they do for any

other crime.

These are not accidents and the attitude must change from within the

sanctions of the Judicial system so that these deals are not so freely

made.

The Gauci family has been granted an inquest into their sons case that

will begin this year.

A family in grief should not have to fight so hard for justice.

Also the death of cyclist Matthew Cole, who was struck by a

car during an early morning ride on Plenty Road, Bundoora, on

January 22 2005.

That offender was charged with culpable driving and it was plea

bargained down to dangerous driving causing death, the

offender will serve just 9 months for this horrendous death.

The OPP say they are looking at appealing, but how can they

appeal when they have been part of the process of allowing it

to happen? Do they appeal against themselves?

Now it is the driver who hit and run and killed six teenagers in Mildura

that may get a deal.

The Police involved apparently will not be asked to provide a view and
yet they are the professionals who have laid the charge.

Purely because the driver ran and left his victims for dead can a deal

be looked at.

The OPP must fight like mad for this driver to face the more serious

charges of culpable driving.

Do not trade the lives of these six young people for an easier win of a

lesser charge.

These families deserve for the state to fight for them.

It seems that victim’s families are used in many ways to benefit the offenders.

We hear that victim’s families will never be happy so this is used as a

reason to benefit the offender and sentence them less.

We are told that Victims families don’t want the stress of a court case

so a deal is done to ‘spare the families’ and the offender gets credit for

finally pleading guilty to a lesser charge.

The OPP should defend the life lost with the all the capacity they have

and they should remember that dismissing a victims life as only a small

part of the legal system is the only thing that can possibly hurt the

families anymore.

These victims and their families deserve to have their life defended and

not sold for a quick and easy solution for the offender.

Lets hope a deal for the Mildura case is a mere rumor

THE OPP HAVE ASSURED THE FAMILIES THAT NO SUCH DEAL IS HAPPENING

READ THE AGE ARTICLE BELOW

Mildura hit-run driver in plea bargain move

Mark Russell
August 19, 2007

LAWYERS for the man accused of killing six Mildura teenagers in a hit-run crash are attempting to negotiate a plea bargain with prosecutors.

Senior police told The Sunday Age that Thomas Towle's defence lawyers had been in discussions with the Office of Public Prosecutions to try to get the most serious charges dropped.

Investigators are concerned that the OPP might drop six charges of culpable driving causing death if Towle agrees to plead guilty to lesser charges of dangerous driving causing death.

The OPP and Towle's defence lawyers confirmed to The Sunday Age that plea bargain discussions have been held but sources suggest they are a long way from a deal.

The maximum jail term for culpable driving causing death — committed by driving a motor vehicle negligently or recklessly or while under the influence of drugs or alcohol — is 20 years. But dangerous driving causing death — driving at a speed or in a dangerous manner that leads to death — carries a maximum five-year jail term.

Police argue that the Mildura case is an example of why the plea bargain system in Victoria needs overhauling.

They say the OPP makes deals with defence lawyers without consulting investigating officers.

The officers — banned from publicly commenting on court cases — say they are frustrated by the system and want the chance to argue their case before the OPP signs off on any plea bargains with accused criminals.

They believe that if a person has been committed to stand trial on serious charges, the case should be left to a jury to decide.

In the Mildura case, Towle, 35, formerly of Red Cliffs, has pleaded not guilty to 14 charges including six of culpable driving causing death.

Teenagers Shane Hirst, 16, Abby Hirst, 17, Stevie-Lee Weight, 15, Cory Dowling, 16, Cassandra Manners, 16, and Josie Calvi, 16, were killed in the crash at Cardross, near Mildura, on February 18 last year.

Towle was ordered to stand trial in March after a five-day committal hearing. Magistrate Donna Bakos ruled that there was sufficient evidence for a jury to convict him.

During the hearing, it was revealed that Towle, a father of five who has been in protective custody since the crash, told a detective: "I'll be lucky to get seven years for this."

Towle's trial had been expected to begin early next year in the Supreme Court.

Senior police alerted The Sunday Age to the plea bargain discussions over the Towle case when expressing anger at the case of state cricketer David Plumpton, who was jailed for nine months on August 3 over a fatal hit-run.

Plumpton — who had been out drinking with mates at four different bars and had not slept for 24 hours before he ran over and killed cyclist Matthew Cole, 32, in 2005 — was initially charged with culpable driving causing death.

Plumpton was ordered in May last year to stand trial on the culpable driving charge after a three-day committal hearing when magistrate William O'Day found he had a case to answer.

But before Plumpton could stand trial, the OPP dropped the culpable driving charge after Plumpton agreed to plead guilty to dangerous driving causing death.

Mr Cole's partner of 14 years, Bronwyn Dowton, said senior Crown prosecutor Boris Kayser briefed her on the decision to drop the culpable driving charge.

"I was told it was going to be almost impossible to prove that Plumpton had alcohol in his system," Ms Dowton said.

"I wasn't happy about it and I was never given the opportunity to say, 'Well, no, I want it pursued.' "

Ms Dowton said fatal hit-run drivers were not getting the punishment they deserved.

"What sort of message does this send to the community — go out, party all night, get in a car knowing that you have consumed alcohol, while fatigued, hit and kill a person, then run away. Don't render assistance. Don't take responsibility for your actions.

"Instead, leave that person there to die and turn yourself in after 12 hours or so making it impossible for police to obtain a reading."

An OPP spokesman said the acting director, Jeremy Rapke, QC, was reviewing Plumpton's sentence.