The emotional family of Jessica McLennan have delivered a heart-wrenching series of victim impact statements in court detailing the pain of losing the “amazing” 23-year-old last year.
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One-by-one they stood in Wangaratta County Court on Tuesday and pushed through tears to describe their love for Miss McLennan and pain at what they said was a lack of remorse from Brock Kusen.
Kusen, 20, was found guilty by a jury last week of dangerous driving causing death.
His car drifted onto the wrong side of Rutherglen-Springhurst Road on June 1 last year, crashing head-on into the path of Ms McLennan’s Nissan sports car.
Her mother Vicki McLennan told the court she would not be adequately able to describe the pain of losing her “lovely daughter”.
She described how patients of the young nurse and even strangers were touched by her kindness, but “she did not get to finish her good work on his earth”.
The statements included details of the last moments of Miss McLennan’s life, when her family sat by her as she was taken off life support.
Vicki McLennan said she felt sad and lost since the fatal crash, and disrespected by what she felt was Kusen’s lack of remorse in the 18 months since the crash.
Father Wayne McLennan also glared at Kusen in the court when he said some people had not learned to take responsibility for their actions. He said Christmas is no longer a time he enjoys because “I’m broken and I don’t think I’ll ever mend”.
The family committed to continue raising money for a nursing scholarship in Miss McLennan’s name.
Driver’s letter of remorse for Jess
Brock Kusen has said sorry for the first time for causing the death of Jessica McLennan.
In a letter addressed to Judge Paul Lacava and Miss McLennan’s family, the 20-year-old said he hoped they would accept the apology, but understood if that was not possible.
“I’m so sorry that Jessica died … If I could switch places to change what happened I would,” Kusen said.
“I will always feel sincerely sorry for what happened.”
Miss McLennan’s family walked out of the courtroom before his barrister read the words aloud.
The court heard Kusen and his family had bought a rose and planted it in their Rutherglen garden as a permanent reminder of Miss McLennan.
Barrister Diana Price said her client had not openly apolgised before because he had been instructed by police not to have contact with Miss McLennan’s family.
“Perhaps people may think that his life hasn’t changed at all or he is not remorseful for the death of Miss McLennan – that is simply not true,” she said. “Mr Kusen wears his remorse and his grief privately.”
Kusen required surgery to repair his jaw and teeth after the 2016 crash, and was able to return for a limited number of football games for Corowa-Rutherglen, but Ms Price said he was still recovering emotionally.
The outgoing and friendly teenager had put his life and further study on hold as he was weighed down by the upcoming court case.
Ms Price said the Lilliput crash could be one of the rare and exceptional dangerous driving causing death cases where the person responsible is not sentenced to jail.
She said although Kusen took responsibility for causing the crash, “his moral culpability is low” because “the period of inattention was brief”.
Judge Lacava said because Kusen did not remember the crash, he was entitled to plead not guilty and ask the prosecution to prove its case.
“There is no doubt his driving allowed his car to drive onto the wrong side of the road,” he said.
“If he has no memory of the incident, that may touch upon the level of, and extent of, and depth of remorse.”
Prosecutor Andrew Moore acknowledged Kusen’s driving was at the lower end of dangerousness, but argued the sentence still had to involve jail. He said this could be in an adult jail, youth detention, or a short sentence combined with a community corrections order.
The case was adjourned for sentencing on December 20.
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