THE driver who was involved in a fatal crash that claimed the life of a popular Bendigo schoolteacher was so remorseful no legal penalty would outweigh his grief, a magistrate said yesterday.
Jeffrey Horton, of Huntly, was visibly distraught during his appearance in the Bendigo Magistrates Court yesterday.
The 40-year-old was charged with failing to give way after his utility hit schoolteacher Tim Ledwidge's racing bicycle on April 28 this year.
Magistrate William Gibb said the court could impose no penalty on Horton that "would come anywhere near" the remorse he felt.
A popular teacher and football coach at Catholic College Bendigo, Mr Ledwidge suffered head injuries from the crash, and died six days later in hospital.
Police prosecutor Senior Constable Robert Gibson told the court the collision happened at the intersection of Averys Road and Victoria Street in Eaglehawk about 9pm.
He said Horton was travelling towards Bendigo when he approached the intersection, moved into the right turning lane and collided with Mr Ledwidge's bike after failing to give way and turning into Victoria Street.
"The cyclist has collided with the front passenger side of the vehicle," Sen-Constable Gibson said.
"He's then been run over by the vehicle."
The court heard it had been "drizzling rain" at the time of the crash, and Mr Ledwidge was wearing a reflective vest, a helmet and had lights on his bicycle.
But Sen-Constable Gibson said Horton told police he "just didn't see him".
Horton was also charged with driving an unroadworthy vehicle because the utility's low-beam passenger headlight, rear brake assembly, horn and windscreen washer were not working at the time of the crash.
The prosecution and defence both agreed with Magistrate William Gibb that the incident was an extreme tragedy that had significantly affected the defendant's life.
"It would be horrendous, in my view, to be responsible for the death of an individual. Absolutely horrendous," Mr Gibb said.
The court heard Horton had suffered acute stress since the crash, and that he felt keenly the loss suffered by Mr Ledwidge's family.
"It is absolutely abundantly clear to the court that you feel significant pain at the loss of this person's life," Mr Gibb told him.
Defence lawyer Robert Timms told the court Horton was contacted by Mr Ledwidge's family.
"It's pleasing to see that the deceased's family attach no blame," the magistrate said.
Horton was convicted and fined $600, though Mr Gibb said any penalty imposed would seem "mere tokenism" for the Ledwidge family's loss.
He said while Mr Ledwidge had lost his life, the defendant had not, and he hoped Horton would be able to move on.
In response to whether there was any chance that Horton, a professional driver for a steel company, would have his license suspended, Mr Gibb said:
"I don't see that the general community having viewed... (Horton) today would see that there's anything to be gained (from that.
"It must be tough to be out there driving on the road."
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