Elmore man pleads guilty to culpable driving following fatal car crash near Rochester

Joshua Neale, 21, appeared in the Bendigo County Court for a plea hearing on Wednesday.

The court heard Mr Neale was travelling north along the Heathcote-Rochester Road about 6.40am on March 6, 2018, when he collided with the car of Rochester man Matthew O'Donoghue.

Mr O'Donoghue, 26, was travelling south in his Holden Sedan about five kilometres outside Rochester when he chose to overtake a slower driver ahead of him.

He crossed over into the northbound lane, which is when he collided head-first into Mr Neale's oncoming Toyota Landcruiser. Mr O'Donoghue died at the scene from multiple injuries.

Read more: Man remains in critical condition following head-on collision near Rochester

The court heard Mr Neale did not have his headlights on at the time of the collision. Mr Neale purchased the Toyota Landcruiser in 2017 and restored the vehicle.

In the restoration works, he moved the lights around including removing the headlights from the vehicle.

Because of problems with the headlights, Mr Neale had an unregistered vehicle permit on the car with the provision that it would only be used during daylight hours.

The court heard it was still dark at the time of the crash, with sunrise at 7.11am that day.

A summary read to the court said while the Heathcote-Rochester Road had no street lighting, visibility would have been good if headlights were in use. The road surface was also dry and in a reasonable condition at the time of the crash.

Police investigators determined neither Mr O'Donoghue nor Mr Neale were exceeding the speed limit at the time of the collision and the two cars were driving at a similar speed at the point of impact.

Neither men had drugs or alcohol in their system at the time of the crash.

Mr Neale was airlifted to Melbourne's Alfred Hospital in a critical condition. He sustained a brain injury, multiple facial injuries, torn neck ligaments, a punctured lung, and a broken left femur.

Mr Neale was in a coma in the Alfred for approximately 15 days following the fatal collision. He was in physiotherapy for more than eight months as he learnt how to walk again.

Mr Neale was interviewed by police on May 17, 2018, at the Echuca Police Station.

He told police he did not have any recollection of the crash, but confirmed he had taken the headlights off the car and did not put them back on.

Victoria Police inspected the Toyota Landcruiser on March 29, 2018, and determined the car would have been in poor condition at the time of the crash.

Victim impact statements were read out to the court from Mr O'Donoghue's mother, father and sisters.

The court heard Andrea O'Donoghue, Mr O'Donoghue's mother, no long works or drives and has been diagnosed with post traumatic stress disorder since her son's death.

"Our lives have changed forever," Ms O'Donoghue said. "I have felt numb and paralysed with grief.

"When I had to say goodbye to him at the funeral parlour, I just didn't want to leave him. You're not supposed to leave your child.

"Matt had so much life to live for. I can't accept that Matt is gone."

Mr O'Donoghue's sister Paige Crouch read out her own statement to the court.

"He was my protector and my best friend," she said.

"When I found out he had died, that was the moment a part of me died as well.

"I will never have enough words to describe the heartbreak we have. Every day is a challenge to get out of bed."

Mr O'Donoghue's other sister April Crouch described her brother, in a written statement read to court, as the "life of the family".

"Every day I am filled with sadness and grief," she said. "He was not only my big brother, he was my best friend.

"He was also like a second father to my little brothers. It has absolutely destroyed them because they have lost their hero. Our family is no longer complete without Matt. My family is broken."

Mr Neale, who was supported by a large group of family and friends in court, was shaking as he spoke to the courtroom.

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"Not a day goes by that I don't break down and cry," Mr Neale said. "I wish I had done something different. I just don't want to cause anymore pain."

Mr Neale told the court he had known Mr Donoghue through work and they had "always got along".

Mr Neale's defence barrister Shane Gardner told the court the 21-year-old was a "young man of good character" who works long days on the family farm.

"He is a decent young man who understands his actions have caused a tragic outcome," Mr Gardner said.

"He is a selfless and impressive man who helps the elderly and provides assistance to community organisations."

Crown prosecutor David Cordy indicated the maximum sentence for culpable driving is 20 years in prison.

Judge David Brookes adjourned the matter so Mr Neale could undertake medical and psychological assessments.

There will be a further plea at the Bendigo County Court on August 19. Mr Neale was released on bail.

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