AN Orange man who knocked down and killed a pedestrian near Orange City Bowling Club in August last year had a charge of negligent driving causing death dismissed in Orange Local Court yesterday.
Outside the courthouse, Mitchell French, who pleaded not guilty to the charge, said he will never forget holding the hand of Pat Fitzgerald, trying to comfort the 78-year-old man until help arrived.
“I knew he was dying. I prayed with him and promised him I would earn every minute of my life after this,” an emotional Mr French said.
“I have a hollow feeling - he was a great gentleman and I feel for the family who have had such a love lost in this way.”
Magistrate Jan Stevenson told the court she could not convict Mr French due to mitigating circumstances. She said there were several factors relating to the case which impacted on the death of Mr Fitzgerald.
Ms Stevenson said factors such as the sun possibly blinding Mr French, who didn’t use his sun visor, glare from a nearby vehicle, Mr French slowing to 40km/h, the victim wearing dark clothing and an eyewitness testifying Mr Fitzgerald had stepped off the kerb while looking down at his feet influenced her decision.
The court also heard Mr French was not affected by alcohol or drugs.
Mr Fitzgerald’s daughter was in court to hear the finding, as was Mr French’s wife.
The court heard Mr Fitzgerald, who was acquainted with Mr French’s family, was out on a regular afternoon walk when he was hit.
A police car patrolling nearby was first on the scene with officers rendering first aid to Mr Fitzgerald.
Photographs taken the following day by an investigating officer to show the position of the sun were also tendered to the court as evidence, however there were opposing views by Mr French’s solicitor Mason Manwaring and Police Prosecutor Sergeant Mitchell Croyston as to whether the sun was directly in French’s eyes or off to the right-hand side.
Mr Manwaring told the court that until yesterday his client was not able to offer any apology to the family due to insurance issues.
At the time of the incident Mr French did not give a statement to police but during yesterday’s hearing his statement to the insurance company was read out.
Mr French said he didn’t use the sun visor on his car because of his height in relationship to the windscreen.
This point was later questioned by Sergeant Croyston, who said if French knew he didn’t have full vision when the visor was pulled down he should not be driving that type of vehicle due to safety reasons.
“That makes him even more negligent,” said Sgt Croyston.
Ms Stevenson said she accepted French’s account that he simply didn’t see the elderly man who was using a walking stick and had recently had a hearing aid fitted.