Amelie Vergez fronts County Court over cyclist Lindsay Smyrk's death

Amelie Vergez was 19-years-old and on a probationary licence at the time of the fatal collision on October 9, 2022, on Black Forest Drive, Woodend, just south of the entry to Shannon Court.

Her vehicle struck Gisborne's Dr Lindsay Smyrk, 75, about 11.44am.

Vergez pleaded guilty to the charge in a hearing before Judge Stewart Bayles in the County Court sitting in Bendigo. The case has been adjourned to June 23 for a further plea and sentencing.

Two of Dr Smyrk's daughters, in impact statements expressed sympathy for Vergez and did not advocate for harsh penalties for the young woman.

"I do not blame her, as such, for what has happened, or have anger toward her," one of the daughters told the court.

"I know my dad would have expressed sentiments such as 'this could have been any of you girls'."

The court heard that witnesses on the day of the crash had seen Dr Smyrk - who was wearing bright clothing and had flashing lights on his bike - riding outside the white line of the road.

One witness, Elissa Cater, who was in the car behind Vergez, said she could "clearly remember seeing him outside the line doing the right thing".

Another witness, Bruce Mildenhall, said Dr Smyrk had been "highly visible wearing a flashing light".

Witnesses said they saw Vergez's car as it drifted slowly out of the left lane and struck Dr Smyrk after which he was thrown on to the car and then landed on the road.

The prosecution submitted that lack of attention while driving by Vergez led to the accident.

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Dr Smyrk was a husband, father of three and grandfather. He was an economics professor at Victoria University, a keen cyclist and member of the Macedon Ranges Cycling Club.

The court heard victim impact statements from two of Dr Smyrk's daughters and his wife, with a third daughter providing her statement directly to Judge Bayles.

Alongside the statements of sympathy for Vergez, one daughter said the death of her father had been the "biggest tragedy of my life".

She said the family were planning to hold belated birthday celebrations for her mother on the day of the collision when Dr Smyrk decided to have a quick bike ride beforehand.

"As usual he was squeezing every bit out of life," one of his daughters said.

After the crash, he was airlifted to The Alfred hospital where he later died.

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Due to difficulties identifying Dr Smyrk after the collision, the family could not be reached for hours and they did not see him before he died.

He was very fit and his family had expected him to be around for the next 20 years, the court heard.

The court was told Vergez had no alcohol or drugs in her system, had pleaded guilty early to dangerous driving and had shown significant remorse.

Speed was not a factor in the crash but a "momentary" loss of attention was behind the tragedy, the defence submitted.

Fronting the court, an emotional Vergez said it was "beautiful" to hear what a wonderful person Dr Smyrk had been.

She said his daughters and wife had been "incredibly brave" and she was "so, so sorry" for what had happened.

Vergez recalled waiting to hear what had happened to Dr Smyrk as "torturous".

"I'm so sorry I have caused you so much pain," she said.

"It was really hard hearing what I put you guys through and how I've left your mother."

The court had previously heard Dr Smyrk's partner of 48 years would "never feel whole again".

The court was told Vergez had shown significant trauma symptoms at the time of the accident and in the months since including suicidal ideation, shock and devastation, intense anxiety and intrusive thoughts.

She had deferred her studies in law since the accident.

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