NATALIA Pearn’s mother says she will never forgive the state’s top prosecutor, Tim Ellis. The Director of Public Prosecutions will be sentenced before Christmas for causing the death of the 27-year-old Launceston woman by negligent driving. Ellis was driving in the wrong lane of the Midland Highway near Spring Hill on March 24 last year when his Mercedes struck Miss Pearn’s hatchback, killing her instantly. He was found guilty in June by magistrate Chris Webster, but appealed against the verdict. After months of delay in court, Victorian Judge David Harper yesterday dismissed the appeal in the Supreme Court of Tasmania in Hobart. Ellis’s lawyers argued he must have been asleep when he crossed to the wrong side of the road and collided with Miss Pearn’s car, and could not be criminally responsible. But Justice Harper said there was no evidence to support the argument. ‘‘It is inconsistent with driving for over half a kilometre (at least) in the wrong lane and around a sweeping bend,’’ Justice Harper said in his written judgment. Justice Harper said Mr Webster did not make a mistake in failing to consider the possibility Ellis was not conscious at the time of the collision. Miss Pearn’s father, Alan, said he feared further appeals. Ellis has a right to appeal against Justice Harper’s decision to the Full Court within 14 days. ‘‘Nothing is going to bring her back, but at least he’s been made accountable for it,’’ Mr Pearn said. Mother Kris said the appeal process had ‘‘continued the hurt’’. ‘‘Today’s a bit tough – it just makes me realise that she’s not here with me,’’ Mrs Pearn said. ‘‘We’ve had such heartache because this man wouldn’t man up and grow a spine. ‘‘He will never, ever have my forgiveness.’’ Ellis has been suspended on a salary of more than $500,000 since the crash. If he does not resign from his position as DPP, only the Governor has the power to sack him. Under the legislation, the DPP can be removed from office if he is ‘‘guilty of misbehaviour’’. The severity of the penalty handed down on December 23 by Mr Webster is likely to be a factor in determining whether Ellis’s crime constituted misbehaviour.
NATALIA Pearn’s mother says she will never forgive the state’s top prosecutor, Tim Ellis.
The Director of Public Prosecutions will be sentenced before Christmas for causing the death of the 27-year-old Launceston woman by negligent driving.
Ellis was driving in the wrong lane of the Midland Highway near Spring Hill on March 24 last year when his Mercedes struck Miss Pearn’s hatchback, killing her instantly.
He was found guilty in June by magistrate Chris Webster, but appealed against the verdict.
After months of delay in court, Victorian Judge David Harper yesterday dismissed the appeal in the Supreme Court of Tasmania in Hobart.
Ellis’s lawyers argued he must have been asleep when he crossed to the wrong side of the road and collided with Miss Pearn’s car, and could not be criminally responsible.
But Justice Harper said there was no evidence to support the argument.
‘‘It is inconsistent with driving for over half a kilometre (at least) in the wrong lane and around a sweeping bend,’’ Justice Harper said in his written judgment.
Justice Harper said Mr Webster did not make a mistake in failing to consider the possibility Ellis was not conscious at the time of the collision.
Miss Pearn’s father, Alan, said he feared further appeals.
Ellis has a right to appeal against Justice Harper’s decision to the Full Court within 14 days.
‘‘Nothing is going to bring her back, but at least he’s been made accountable for it,’’ Mr Pearn said.
Mother Kris said the appeal process had ‘‘continued the hurt’’.
‘‘Today’s a bit tough – it just makes me realise that she’s not here with me,’’ Mrs Pearn said.
‘‘We’ve had such heartache because this man wouldn’t man up and grow a spine.
‘‘He will never, ever have my forgiveness.’’
Ellis has been suspended on a salary of more than $500,000 since the crash.
If he does not resign from his position as DPP, only the Governor has the power to sack him.
Under the legislation, the DPP can be removed from office if he is ‘‘guilty of misbehaviour’’.
The severity of the penalty handed down on December 23 by Mr Webster is likely to be a factor in determining whether Ellis’s crime constituted misbehaviour.
