Cardross road crash

The Cardross road crash was a hit and run crash at Cardross, Victoria, Australia at 9.50pm on 18 February 2006, where a Ford EA Falcon 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 at an incorrect address.

Victims of the Cardross crash, from top left to right, Shane Hirst, 16; Abby Hirst, 17; Cassandra Manners, 16; Stevie-Lee Weight, 15; Cory Dowling, 16; Josephine Calvi, 16.

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 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
Temporary roadside memorial in Myall St, Cardross
Roadside memorials
Permanent roadside memorial

Peter Gallagher, a family member of victim Cory Dowling, read a statement on behalf of the victims families to a crowd of over 600[1] 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.[2]

The Government of Victoria announced it would provide A$40,000 for counselling of victims and relatives.[3]

Then Prime Minister, John Howard 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."[4]

Michael Jeffery, the Governor-General of Australia, also sent a message of condolence to the Mildura community, which he had visited during 2005.[5]

Two minutes silence was observed at the Lock Rock Music Festival held in Mildura a week after the crash, on 25 February 2006.[6] The festival was hosted by radio announcer and former Red Cliffs resident, Myf Warhurst.

Towle's family, including his children, reported receiving threats from members of the community,[7] 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."[8]

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."[9]

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.[10]

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.[11] Towle was not required to attend the committal hearing due to concerns for his safety[12] and appeared briefly via video link at the beginning of committal proceedings.[11]

It was alleged Towle drank bourbon whiskey mixed with Coca-Cola earlier in the day and allowed his four-year-old child to sit on his lap while driving[13][14] at speeds of up to 150 kilometres per hour (93 mph) shortly before the crash occurred. Witness Matthew Orsini denied the group had been walking on the road.[15]

Towle told police he was travelling at approximately 90 kilometres per hour (56 mph), and that the corner "just jumped out at him".[16]

"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 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."[17]

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.[12]

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.[18] 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."[19]

Defence lawyer for Towle, Brendan Murphy, QC said the legal rights 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."[20]

The vehicle allegedly involved in the crash was sent to Japan for scrap metal without the consent of the defendants' defence team.[14] ABC TV's Media Watch highlighted a front page article in The Age newspaper where previous court attendances of the defendant were listed, an action Media Watch suggests could influence a jury.[21]

On 27 March 2007, Magistrate Donna Bakos ordered Towle to stand trial in the Supreme Court of Victoria,[22] 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 Victorian Supreme Court and was expected to run for four to five weeks. On 31 March 2008 he was found guilty and sentenced to 10 years with a minimum of seven years, of which Towle had already served two years. Later Towle appealed the sentence but the original judgement was upheld.[23][24]

Towle was freed on parole in June 2013.[25]

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.[26] He completed his sentence on 16 May 2016.[27]

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See also

References
  1. "Community devastated by deadly hit-and-run". Australian Broadcasting Corporation. 19 February 2006. Archived from the original on 6 March 2008.
  2. "Mildura crash toll rises to six". The Age. 19 February 2006.
  3. "Driver to face court, sixth teen dies". Australian Broadcasting Corporation. 20 February 2006. Archived from the original on 13 September 2007.
  4. Schneiders, Ben; Mildura (20 February 2006). "Crash man appears in court". The Age.
  5. Jeffery, Michael (19 February 2006). "Mildura Accident". Governor General of the Commonwealth of Australia. Archived from the original on 29 August 2007.
  6. 'We'll miss your cheeky grin' The Age, 21 February 2006
  7. "Calm called for after deadly crash". Television New Zealand. 20 February 2006. Retrieved 23 September 2011.
  8. Man charged over Mildura car crash Australian Broadcasting Corporation, 20 February 2006
  9. Accused's father grieves Mildura victims The Age, 23 February 2006
  10. Google. "Cardross road crash" (Map). Google Maps. Google.
  11. Davis, Michael (21 March 2007). "Teens mowed down by car were at wrong address". The Australian. Archived from the original on 15 December 2012.
  12. "Teen 'threw bottle' at hit-and-run driver". The Courier-Mail. 21 March 2007.
  13. Teens tell of horror smash that claimed six The Brisbane Times, 19 March 2007
  14. Cardross deaths committal hearing told car scrapped Australian Broadcasting Corporation, 19 March 2007
  15. Witness denies teen crash victims on road The Australian, 21 March 2007
  16. "Mildura crash driver didn't refer to people on road, court hears". Australian Broadcasting Corporation. 22 March 2007. Archived from the original on 28 March 2007.
  17. Driver fled angry threats Archived 28 September 2007 at the Wayback Machine The Border Mail, 23 March 2007
  18. Mildura driver 'threatened' after deadly crash The Australian, 22 March 2007
  19. I did nothing wrong: fatal crash driver News.com.au, 26 March 2007
  20. Hit-run suspect's rights 'damaged' The Age, 19 March 2007
  21. Media and Contempt Australian Broadcasting Corporation, 19 March 2007
  22. Trial for Mildura tragedy Herald Sun, 27 March 2007
  23. "Fatal crash driver Thomas Graham Towle appeals sentence". Herald Sun. AAP. 5 May 2009.
  24. Anderson, Paul (3 December 2009). "Thomas Towle loses appeal against length of sentence received after he killed six teenagers in Mildura crash". Herald Sun.
  25. "Thomas Towle granted parole after deadly crash in Mildura killed six". ABC News. 5 June 2013.
  26. Houston, Cameron (8 September 2015). "Killer driver back behind bars". The Age. Retrieved 26 September 2015.
  27. Hamblin, Andrea (16 May 2016). "Hit-run killer Thomas Towle walks free from jail". Herald Sun. Retrieved 21 February 2020.
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