Upper Yarra
5 Tuesday, T d 18 JJuly, l 2017
Council lobbies for buses
8
Mail Covering the Upper Yarra Region of the Yarra Ranges Shire
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19-20
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■ No-one accountable in fatal crash...
Grief goes on
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Former Minister of Defence and Director of the Australian War Memorial Dr Brendan Nelson AO visited the Yarra Valley on Sunday, speaking of his role with the AWM and rallying support for the Seville War Memorial project. Pictured with Seville Township Group president Derry Aulich, Chair of the Seville War Memorial Committee Anthony McAleer and Casey MP Tony Smith. See story page 7. 170639 Picture: GREG CARRICK
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The crash that killed Chloe Blackney,11, and Garry Theobold in 2014 may have been avoided had either of two factors identified as the cause of collision not been in play. Mr Theobold, 50, from Yarra Junction, and his daughter’s friend, Chloe, from Launching Place, were killed at Kinglake in February, 2014, when their car was hit by a truck driven by Kinglake resident Wayne Kortholt. Delivering her findings last week, Victorian Coroner Paresa Spanos identified the main causes of the crash as the speed at which Mr Kortholt was driving and the condition of the road. Mr Theobold was driving his daughter Hayley, her best friend Chloe and his son Lachlan to Funfields in Whittlesea on Saturday, 15 February, to celebrate Hayley’s birthday when the tragedy happened. Gary and Chloe, who was sitting behind him, died when the truck crossed into their path on the HealesvilleKinglake Road at 8.50am. Hayley and Lachlan on the passenger side were uninjured. The finding comes from a two-day inquest conducted by Judge Spanos in September last year at which evidence was given by investigators from the Major Collision Unit, VicRoads and witnesses to the crash. The court heard at that inquest that police did not bring criminal charges against Mr Kortholt as it was believed there would not be enough evidence to bring a conviction. Among her conclusions, Judge Spanos found that Mr Theobold did not contribute to the collision which, she said, occurred in an 80km/h speed zone with 45km/h advisory and ‘Slippery When Wet’ signs. Mr Kortholt was driving at 53.33km/h. She said the road surface had significant differential skid resistance and was on VicRoads’ Roads in Poor Condition Register pending funding to rectify ‘a significant differential skid resistance identified in May 2012.
She found the response of VicRoads in putting up warning signs was reasonable and appropriate in view of funding cuts and competing needs. The speed at which Mr Kortholt negotiated the left curve and was driving when the truck slid or stepped out, and the significant differential skid resistance between the left and right wheel paths travelled by the truck were the main causal factors, Judge Spanos said. She said however “The evidence does not allow me to determine which of these factors was the primary cause of the collision, but does support a finding that absent (of) either factor the collision would probably not have occurred.” Chloe’s family, dad Simon, mum Kylie, siblings Rhys, Holly and Brock, and Kylie’s parents John and Yvonne Stephens, were in court on Tuesday 11 July for the finding. Mrs Blackney said they were shattered that no-one had been held accountable. They had requested the Inquest in the hope of getting some justice for their daughter, and their friend. “The Inquest was about getting a thorough investigation and what we were told from day one was that you couldn’t place more blame on the driver than what you could on the road. “What my husband and I don’t understand is that advisory signs are meant for trucks and he was doing 53 on a corner that was 45. “That road was substandard on a main road carrying trucks to the Western Ring Road and was substandard on a bend like that.” She said the fact that the road had been repaired almost immediately after the crash added to the tragedy. “If things had been different that accident would not have happened and we would not have lost our daughter. “There needs to be a better system where when a road is identified (as being in need of repair) it’s fixed straight away, so things like this don’t happen and little kids don’t die.
1191831-HM30-15
By Kath Gannaway
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