Vic: Mildura road accident case to be heard in Melbourne

AAP General News (Australia)
12-20-2007
Vic: Mildura road accident case to be heard in Melbourne

By Jeff Turnbull

MELBOURNE, Dec 20 AAP - A man accused of killing six teenage pedestrians near Mildura
will face trial in Melbourne because of the difficulty of finding jury members in the
Victorian town not touched by the tragedy.

Thomas Graham Towle, 35, formerly of Red Cliffs, is accused of driving a car that ploughed
into six teenagers on Myall Street at Cardross on February 18 last year.

They had been dropped off at the wrong party and were walking to another celebration
in nearby Red Cliffs when they were hit.

Towle has pleaded not guilty to six charges of culpable driving, four of negligently
causing serious injury, one of failing to stop after an accident, one of failing to render
assistance after an accident and two of reckless conduct endangering serious injury.

Today, in the Victorian Supreme Court, Justice Philip Cummins outlined his reasons
for hearing the trial in Melbourne and not Mildura.

Justice Cummins said there was an exceptionally large number of victims in the case,
dead and alive, direct and indirect.

"Personally, and through schooling, sport and community activity the victims and their
families are widely known in Mildura and Sunraysia and persons touched by this trial are
widely spread through the local community," he told the court.

He said as a matter of practical reality it would be "most difficult" to select a jury
in Mildura with no knowledge or connection to the case.

"This is no-one's fault and no fault of anyone connected with the case - it's a simple
demographic fact," Justice Cummins said.

"For that reason, and that reason alone, I have concluded that it is necessary that
the trial be held in Melbourne."

The trial will start on January 29 for pre-empanelment of the jury. Opening addresses
will be on February 4, with the trial expected to last five weeks.

Justice Cummings said special arrangements have been made to care for witnesses and
the victims' families while in Melbourne, including physical and emotional support.

He ruled out videocasting the trial in Mildura, saying he was confident the local community
would be well served by media reports.

The teenagers killed were Shane Hirst, 16, his sister Abby Hirst, 17, Stevie-Lee Weight,
15, Cassandra Manners, 16, Cory Dowling, 16 and Josephine Calvi, 16.

AAP jxt/gfr/jt/sp

KEYWORD: TOWLE

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