A retired South Australian judge and state coroner has been fined for causing an accident that resulted in a delivery driver having both of his legs amputated.
The Adelaide Magistrates Court heard Wayne Cromwell Chivell had stopped at a red light on Anzac Highway at Plympton last December to inform a delivery truck driver that his back door was swinging open.
The court heard when Chivell got into his car he accelerated quickly, striking and trapping the 66-year-old driver, Brenton Rowe, who had gone around the back to close the door.
Chivell's lawyer previously told the court it was a case of "pedal error" whereby the 71-year-old accidentally hit the accelerator instead of the brakes.
Magistrate John Wells said he had watched security vision of the incident several times and said it was clear what happened was a "tragic accident" with catastrophic consequences.
"I've watched that footage numerous times, the footage is sickening and shocking," he said.
"It plainly reveals the split-second nature of your conduct and efforts to assist the victim with his horrific injuries."
Chivell pleaded guilty to an aggravated count of careless driving.
Magistrate Wells said the offence of careless driving in this case involved a "fleeting moment of inattention".
He said Chivell was behaving in a "responsible and community-minded way" when he stopped to alert the driver to his rear doors being opened and said Chivell's motivation was admirable.
Chivell's long legal career included an eight-year stint as state coroner and 15 years as a District Court judge, during which time he presided over many criminal cases — including dangerous driving matters.
Magistrate Wells said it was clear from the references provided by current and former judges that Chivell was an "honest, compassionate and hardworking man".
"This offence is a terribly sad coda to a distinguished career," he said.
Magistrate Wells said he recognised the "depth of sorrow" Chivell felt about being responsible for the accident and the ongoing impact it had caused to all involved.
"Guilt weighs heavily upon you," he said.
"I have no hesitation in concluding that your remorse is palpable and genuine."
Magistrate Wells said he would have imposed a fine of $1,500 but reduced that to $900 to allow discount for Chivell's guilty plea, which he entered at the earliest opportunity.
He also disqualified Chivell from driving for nine months.
Devastating consequences for victim
Magistrate Wells acknowledged the life-changing trauma of Mr Rowe and his family, saying he found their victim impact statements "distressing and moving".
"The consequences are both devastating and enduring," Magistrate Wells said.
The court heard Mr Rowe had suffered significantly including from "depression, phantom pain and terrible anxiety" and his wife had quit her job to become his full-time carer.
"He can no longer do the simple things we all take for granted, his enjoyment of life has profoundly diminished," Magistrate Wells said.
"It is inevitable that my sentence might seem woefully inadequate. No penalty can compensate the victim."
"I do not ignore the terrible consequences suffered by Mr Rowe and his family."
In a statement to the ABC, Mr Rowe said: "I feel this is terribly lenient for the devastation it has caused in my life."
Mr Rowe added that he was "in good spirits and want to move on".
"I'm building up to walking again," he said.
Outside court, Chivell said he was deeply sorry and would like an opportunity to meet with Mr Rowe and personally apologise.
"I would welcome that opportunity at some stage which is convenient and appropriate for him," he said.
"I don't want to impose on him at all but I would welcome that opportunity.
"At this stage all I can say is that I am extremely sorry for what's happened.
"I am very, very conscious of the pain and suffering I have caused to him and his family and it's something I very deeply regret."
