A Narre Warren driver has been jailed for failing to stop after fatally striking a pedestrian on the Princes Highway in Berwick last year.
George Varghese, 32, pleaded guilty in the Victorian County Court to failing to render assistance and failing to stop after a road accident.
Other charges included obtaining a financial advantage by deception from his car insurer.
Just after midnight on Saturday 26 November, Varghese’s BMW side-swiped father-of-three Darrin Pierce, 44, who was walking home against the flow of traffic in the highway’s left lane.
Walking about half-a-metre inside the bitumen edge, Pierce was in an unlit section about 400 metres from the Bryn Mawr Boulevard intersection.
Shortly earlier, a driver swerved to narrowly avoid Pierce. Another had only seen him just as she drove past.
The small-business owner had been drinking at a football presentation in Dandenong and at BarEightyOne in Berwick that night. His recorded blood-alcohol level was a “relatively high” 0.19.
His wife Kati, who was walking ahead on the footpath, heard car horns blare but thought Pierce was following her on the same sidewalk.
When she got home, she received a call from Pierce’s son that her husband was involved in an accident. On impact, Pierce had been thrown about 25 metres and lay by the roadside with significant, life-threatening injuries.
He died in hospital later that morning.
Varghese had been travelling at least 61-69 km/h in the 70 km/h zone.
His driving didn’t warrant criticism and he was not charged with causing Pierce’s death, sentencing judge Wendy Wilmoth noted on 1 September.
However, Varghese was “highly culpable” for not immediately stopping and assisting. Instead he continued on his trip to meet an acquaintance at Sandown Park Hotel in Noble Park.
Varghese conceded in court that he’d heard a sound at the point of hitting Pierce.
It was enough to alert him to the “high possibility” that he’d hit a person and should have stopped, Judge Wilmoth said.
When visited by police, Varghese claimed his car had been damaged when it struck a parked vehicle and a fallen branch in his driveway.
He’d concocted the same story to claim a replacement hire vehicle from his insurer as well as trying to organise a tow and repair of his BMW via insurance.
Pierce’s family “movingly and eloquently” described the grief, stress and impact on them, Judge Wilmoth noted.
His wife said Pierce was a “gentleman”, friendly and generous to everyone. She was left to run his business and was struggling financially.
Pierce’s brother was angry that Varghese left a seriously injured Pierce at the roadside and tried to cover it up. Varghese left it to other passers-by to deal with the traumatic experience, he noted.
Born in India, Varghese studied in Australia where he met his wife.
The qualified accountant had a good work history, was heavily involved in church and charity work and had no previous convictions.
With a list of glowing references, Varghese was very well regarded with excellent personal attributes, Judge Wilmoth noted.
Since the collision, he’d reported symptoms of panic and adjustment disorders. He’d stopped driving and become isolated due to the stigma and judgement from his communities.
The judge noted his early guilty plea, sincere remorse and that he was unlikely to reoffend.
Varghese had applied for a partner visa with a hope of becoming a permanent Australian resident.
He faced possible deportation after serving his sentence.
Varghese was convicted and jailed for 12 months, followed by a three-year community corrections order.
His CCO includes 300 hours of unpaid work as well as driver education programs.
His driving licence was cancelled for four years.
