A Pakenham truck driver has been jailed by the County Court of Victoria for culpable driving that killed a 19-year-old university student in Dandenong.
Kerasoma Fetalaiga, 34, pleaded guilty to the “grossly negligent” driving in which his work’s UD tray-truck struck Vishal Mahant on the side of Frankston-Dandenong Road about 5.38pm on 7 April 2017.
At the time, Fetalaiga was speeding in the Faster Plaster company truck at about 83 km/h in the 60 zone, and had a blood-alcohol reading of 0.076.
It was illegal for him to drive the heavy vehicle with a reading above zero.
Fetalaiga, who had no prior convictions, had been tailgating a Coles semi-trailer as he attempted to overtake.
As he passed south through the Kirkham Road intersection, he veered from the centre lane to the left.
His truck was so close to the semi-trailer, he wouldn’t have had a clear view of what was ahead in the left lane, Judge Michael O’Connell noted during sentencing on 16 October.
Mr Mahant was standing next to his Toyota Camry, legally parked in the left lane.
He was about to get in the driver’s seat when he and his car were struck by the left side of Fetalaiga’s braking truck.
Mr Mahant was thrown 29 metres down the road, the Camry lifted and spun onto the nature strip and coming to rest against a power pole.
The victim died at the scene from his injuries.
Police found five empty cans of mixed bourbon and coke, and six unopened cans inside the truck cabin.
Judge O’Connell said that Fetalaiga’s speed, drink-driving and failing to keep proper look-out added up to “gross negligence” – though at the “lower end” of culpable driving.
“I’ve formed the view that alcohol contributed to your offending but it was not a determinative or predominant factor in causing the collision,” Judge O’Connell said.
Fetalaiga later said he had stopped off at Dan Murphy’s on the way home due to having a “difficult day” with an inexperienced jockey.
On that fateful afternoon, he’d taken Frankston-Dandenong Road as a detour home to avoid the traffic-jammed Monash Freeway, he said.
Fetalaiga had moved from New Zealand with his wife and four children in 2015. Born into a poor upbringing, he sought a better life for his family.
Glowing references were written by his church pastor, Pakenham Eels Rugby Club and his family.
Judge O’Connell noted Fetalaiga’s remorse and insight, 30 months of legal delays and “excellent” work history.
Since the crash, he’d been diagnosed with PTSD, adjustment disorder and “extreme range” depression.
Fetalaiga faced likely deportation after serving his sentence.
In victim impact statements, Mr Mahant’s bereaved parents told of their son leaving India to study in Australia. His dream was to be a successful businessperson.
His death left a “big gape in my heart that can’t be filled by anyone else”, his father wrote.
“His absence has left me with profound grief.
“I miss him with each passing day and I hope wherever he is he is happy.”
Fetalaiga was jailed for up to six years with a three-year, three-month non-parole period.
He was disqualified from driving for two years.
