Two workmates were driving to or from the sawmill they both worked at in regional NSW when tragedy struck, resulting in devastating consequences for both them and their families.
Craig James Feltham pleaded guilty to dangerous driving occasioning death after killing his colleague, 39-year-old Owen Fayle, in a crash nearly four years ago.
He was driving his Mazda BT-50 ute from his home near Gundagai to his workplace, the Hyne Timber Mill in Tumbarumba, early in the morning of 1 November 2020 while Mr Fayle was driving home after a night shift.
As the pair approached the intersection at Old Tumbarumba Road and Batlow Road at about 6:30 am, Feltham failed to see Mr Fayle approaching on his motorcycle and drove in front of him.
The crash threw Mr Fayle from his bike and over the ute’s roof. Feltham immediately stopped and checked on him, but he was unresponsive.
Another driver stopped to help and saw that Feltham, who knew Mr Fayle socially in addition to being a colleague at the mill, was hysterical and was shaking so badly that he ended up dropping a mobile phone while trying to call triple zero.
Mr Fayle died from his injuries later that morning. His mother went on to tell the NSW District Court that she missed him every day and life was not the same without him.
His older sister described him as a passionate sports fan who was smart, funny, mischievous, kind and loyal. She also said he was a good friend to many and his funeral was filled with hundreds of people from different aspects of his life.
Judge Robert Sutherland SC said the family’s statements to the court “were emotionally moving and clearly demonstrated the enormity of the impact of the loss of their son and brother”.
“The loss of his life was both senseless and unnecessary,” he said.
“The impact of his death will continue to be felt not only by those family members and particularly by the children of his sister, but by his work colleagues and many friends.”
Judge Sutherland said it appeared likely that Feltham had a reasonably clear line of vision as he approached the intersection, although the crash occurred as a result of momentary inattention when he failed to see the motorcycle.
Feltham, who was 59 by the time of his sentencing earlier this month, was the director of a metal fabrication business who worked as a contractor at the mill.
Judge Sutherland said his wife had reported that he had “completely changed” and “feels that he cannot have fun because Owen cannot”.
His GP told the court his job required him to work at various sawmills in the area and the loss of his driver’s licence would catastrophically limit his ability to earn an income.
“The doctor assured the court that the offender had reflected to her his deepest remorse,” Judge Sutherland said.
“The subjective circumstances and background of the offender starkly illustrates how a person of otherwise good, indeed exemplary character, can, through a lack of appropriate attention whilst driving along a well-travelled road, cause the death of a fellow human being, and in this particular case, a fellow employee.
“I accept the genuineness of his remorse and contrition and clear ongoing effects of this tragedy upon himself and the members of his family.”
Feltham was sentenced to one year and 11 months’ jail, to be served as an intensive corrections order in the community. His driver’s licence was disqualified for 12 months.
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