district court – Michmutters
Categories
Australia

Family of man killed in Easter Monday crash tell Adelaide District Court of heartbreak

The family of a “kind and generous” father killed by a drunk driver has told an Adelaide court they will never forgive the “selfish” man responsible.

Campbell Henderson, of Mount Barker, pleaded guilty to causing the fatal Easter Monday crash at Brukunga in 2021, by dangerous driving.

The 29-year-old was three times over the legal blood alcohol limit and was driving almost 40 kilometers an hour over the speed limit when he lost control of his ute and crashed into a tree.

His passenger Nick Peart, 39, died at the scene.

The crash was just meters from the houses of the men, who were neighbours.

Mr Peart’s high school sweetheart and partner of 26 years — Elaine Revi-Peart — told the District Court her husband had paid the “ultimate price” for trusting a friend.

A headshot of victim Nick Peart
Crash victim Nick Peart was a husband and father of three.(Supplied)

“I feel I have been condemned to loneliness for the rest of my life,” she told the court in her victim impact statement.

“We tried to be there at any and every way we could, this desire to help the defendant and willingness to trust them that was the major contributor… that led to my husband’s abrupt death.

“I think it’s important to state how good of a man the world has lost on that Easter Monday.

“He was non-judgmental, kind, tolerant, generous.

“I know the defendant made a choice to drive, and as far as I’m concerned he deserves to suffer any and all of the consequences that are coming to him.”

Children want drunk driver jailed

The court heard Mr Peart and Henderson were neighbors and had become friends – Mr Peart’s children even referred to him as an uncle.

The three children provided artwork to Judge Joana Fuller and told her they missed their dad and “hate” Henderson for taking him away from them.

One said he wanted to give Henderson “a knuckle sandwich”, Mr Peart’s daughter said she wanted to see him “leave in handcuffs and prison clothes”.

“I have lost my dad, my role model, best friend, hero and a piece of my heart, soul and joy,” his daughter told the court.

“I love and miss you Dad”.

The court heard the “staunch environmentalist” had planted more than one million trees as part of his conservation and regeneration work.

Mr Peart’s mother, Wendy, told the court she was living a nightmare following the “senseless loss” of her firstborn child.

“We’ve all seen reports of road deaths on the television and felt sorry for the loss of that person and feel sad for the family,” she told the court.

“But until it happened to us never could I have imagined the utter heartbreak it would inflict on all of our lives.”

A man wearing a suit and tie walks beside an older woman wearing a black and white dress, holding her hand
Campbell Henderson leaves the Mt Barker Magistrates Court at an earlier hearing.(ABC News: Gabriella Marchant)

Henderson apologized for the “irreparable damage” he had caused to the family and friends of his best friend.

“There is not a day that goes by that I don’t miss him and the suffering that I have caused his family,” he said.

“It is not fair that my actions have placed his family in this position.

“All I can say is I am sorry for what I have done and if there is any way I could trade places with Nick I would.”

Henderson’s lawyer James Marcus told the court his client made an “exceptionally stupid” decision to drive that day while drunk and that it was “out of character behaviour.”

Mr Marcus told the court Henderson spent weeks in hospital after the crash, had suffered ongoing physical and mental health issues and had a limited memory of the crash.

The court heard Henderson had no criminal history and was likely to be deported to the United Kingdom upon his release from prison.

His lawyer asked for Henderson to be spared jail and serve his sentence on home detention which the prosecution opposed.

Henderson will be sentenced next month.

.

Categories
Australia

Former public servant Ian Ralph Schapel jailed for abusing children from the Philippines online

A retired public servant has been sentenced to up to 16 years in jail for sexually exploiting children in the Philippines, with police saying his victims will never get back their “stolen childhoods”.

WARNING: This story contains content that readers may find upsetting.

Ian Ralph Schapel, 68, spent 13 years between 2007 and 2020 committing sexual offenses online, often while traveling in countries including America, Singapore and Vietnam.

He had pleaded guilty to 50 offences, including 41 counts of engaging in sexual activity with a child outside of Australia, using a carriage service to access child exploitation material and possessing child exploitation material.

On 74 occasions he engaged in sexual activity with at least 13 children in the Philippines over online platforms including Skype and WhatsApp.

The female victims were aged between three and nine.

Schapel also had more than 52,000 images and videos of child exploitation material in his possession.

Commonwealth prosecutor Krista Breckweg had told the court earlier that he would threaten facilitators or parents of his victims that if they did not meet his requests they would starve.

A girl has her face shielded
One of the victims is taken away by Filipino police after the facilitators were arrested.(Supplied: Australian Federal Police)

Australian Federal Police Detective Inspector Rodger Braun said five alleged abuse facilitators were arrested in the Philippines and 15 victims were rescued.

“We cannot give these children back their stolen childhoods, however we hope a conviction of this Adelaide man provides reassurance that the AFP and partner agencies will never stop our fight to bring predators to justice and protect children,” he said.

“Child sex offenders are not restricted by national or international borders, but neither are law enforcement agencies.

“We are united in our commitment to keep children safe.

“I’d also like to issue a warning to any individual who would seek to prey on children: the AFP and its partners will come for you no matter when the abuse occurred and no matter where you are in the world, there is nowhere for you to hide.”

‘Lonely man’ with mental health conditions

District Court Judge Paul Cuthbertson outlined payments for many of the sexual acts for sums of less than $40 on each occasion.

In sentencing, he took into account several factors, including his lonely life, being bullied at school and never being married or in long relationships with women.

.

Categories
Australia

Former judge and coroner Wayne Chivell crashed into man who then lost lower legs, court hears

A former South Australian coroner and District Court judge and will be sentenced later this month for seriously injuring a delivery driver during a crash in Adelaide late last year.

Wayne Cromwell Chivell, 71, pleaded guilty in the Adelaide Magistrates Court to careless driving on Anzac Highway at Plympton in December 2021.

The court heard that Chivell stopped to inform an OzHarvest delivery driver that his back door was swinging open before getting back in his car.

His lawyer said he intended to put his foot on the brake but accidentally accelerated and hit the 66-year-old driver, who lost both his legs below the knees because of the crash.

Chivell issued a public apology in court and was provided character references by judges Paul Slattery and Trish Kelly, who described how devastated their former colleague was for injuring the driver.

Chivell was a magistrate for seven years in the 1980s before becoming the state coroner in 1993 and sitting on the District Court bench from 2005.

I have retired in 2020 at the mandatory age of 70.

In 2011, during the sentencing of a driver who had hit and killed a boy, Chivell pointed out that “even momentary lapses in concentration can have tragic consequences.”

“We need to make people stop and think twice before they jump behind that wheel,” he said.

In 2012, he spared a driver jail in a case he said showed the terrible consequences that could follow from inattentive driving.

As the coroner, he said a complacent attitude to safety led to the death of a yachtsman off Adelaide in 2002.

.