MULLENGANDRA man Justin Daryl Esler is likely to lose his employment after being banned from driving for 12 months over an accident which seriously injured a woman passenger in his vehicle.
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Esler, 20, handed over his NSW driver’s licence in Albury Local Court yesterday after magistrate Tony Murray imposed a $400 fine on a charge of negligent driving causing grievous bodily harm.
Mr Murray took into consideration there is no evidence of permanent disability for the passenger and Esler’s pending lack of income.
The case had been deferred from last year for sentencing for an updated medical report on the passenger.
She suffered fractures to her pelvis, was transported from hospital in Albury to the Alfred Hospital in Melbourne and had a single screw inserted for her injury.
After six weeks, she was able to get back to work and the pin remains in her pelvis.
Solicitor Mark Cronin said it was not a case of erratic or dangerous driving by Esler.
But Mr Murray said the speed of 40km/h Esler was travelling on a reserve in boggy conditions was probably a little bit high.
Esler and five friends had driven through the Woormargama State Forest to camp on the River Road on June 8 last year.
They went through a travelling stock route and set up their camp about one kilometre from the road.
A fire was started to keep warm, but by about 9pm the supply of wood had started to dwindle.
It was decided that Esler would use his Ford utility to get more wood.
The woman and three men got on the tray and Esler drove to a large paddock a short distance from the camp site.
It is estimated Esler was travelling about 40km/h in the paddock which was boggy with a soft surface.
His vehicle started to slide towards the roots of a large fallen tree about one metre away.
The woman braced herself for the impact and the utility slammed into the pillar point on the driver’s side.
The weight of two of the men pressed against her and she suffered excruciating pain when jammed against the metal tray body.
The victim and other passengers were thrown off the vehicle.
Esler was interviewed by police in July, said he had seen his passengers thrown off and expressed remorse.
