A CORONER was not required to determine why the car of Tasmania's former top prosecutor crossed onto the wrong side of the road and killed oncoming driver Natalia Pearn, in findings released on Friday. Coroner Olivia McTaggart, with inquest, said her findings into how Ms Pearn died were by law only required to include the position of the vehicles at the crash and their movements immediately prior to the crash. "In making my findings I am not required to determine the reason that Mr Timothy Ellis’ vehicle crossed into the overtaking lane in which Ms Pearn was travelling and remained at least partly in that lane at impact," she said. "The circumstances of Ms Pearn’s death are not such as to require me to make any recommendations or comments pursuant to section 28 of the Coroners Act 1995." The coronial inquest into the Launceston woman's death was held in Hobart on July 28. Ms McTaggart said Ms Pearn, 27, died in a motor vehicle crash from multiple blunt traumatic injuries on March 24, 2013 on the Midland Highway at Lovely Banks. She said Mr Ellis was driving his blue Mercedes Benz sedan in a southerly direction on the Midland Highway. "At some point prior to the crash Mr Ellis moved from the south bound lane into the overtaking lane – and then continued to travel south in this lane," Ms McTaggart said. "Mr Ellis was therefore travelling on the incorrect side of the road. "He was travelling in the overtaking lane for a period of time. "Impact between the two vehicles occurred in the overtaking lane on the tangent (exit) of a sweeping right hand curve for the south bound traffic. "Whilst Mr Ellis’ vehicle had been wholly in the overtaking lane for a period of time before the crash, I find, accepting the crash investigators’ evidence, that at the point of impact at least part of his vehicle was in the overtaking lane. "The evidence shows that Ms Pearn’s vehicle was within the overtaking lane at the point of impact, possibly with the right hand wheels of her vehicle touching the western most centre line of the overtaking lane. "I particularly acknowledge the grief suffered by Mr Alan Pearn and Mrs Kristine Pearn in respect of the tragic and unexpected loss of their loved daughter, Natalia Dawn Pearn. "I convey my sincere condolences to the family and all of Ms Pearn’s loved ones." In addition, Andrew Fowler, senior project manager for the Department of State Growth, identified safety benefits in dividing the north and south bound lanes in the area of the crash. "He stated that a flexible safety barrier has recently been installed at the crash location," the coroner's findings stated. "The safety barrier fencing runs for approximately 2.8 kilometres. "The barrier starts to the north, near Bisdee Tier Road, and concludes south of the crash site, just north of Lovely Banks Road." Mr Fowler also said this location had a "random element" with respect to the state’s crash statistics as opposed to being a location with an identified cluster of crashes, according to the coronial findings. Mr Ellis was charged with causing the death of another person by negligent driving. He pleaded not guilty and a hearing took place from March 24 to 28, 2014. On June 24, 2015, in the Hobart Magistrates Court, magistrate Chris Webster found Mr Ellis guilty. Mr Ellis appealed to the Supreme Court and on December 3, 2014 the appeal was dismissed by Acting Justice Harper. On December 24, 2014, Mr Ellis appeared in the Hobart Magistrates Court for sentence. Mr Webster jailed Mr Ellis for four months, wholly suspended for two years, and disqualified him from driving for two years.
A CORONER was not required to determine why the car of Tasmania's former top prosecutor crossed onto the wrong side of the road and killed oncoming driver Natalia Pearn, in findings released on Friday.
Coroner Olivia McTaggart, with inquest, said her findings into how Ms Pearn died were by law only required to include the position of the vehicles at the crash and their movements immediately prior to the crash.
"In making my findings I am not required to determine the reason that Mr Timothy Ellis’ vehicle crossed into the overtaking lane in which Ms Pearn was travelling and remained at least partly in that lane at impact," she said.
"The circumstances of Ms Pearn’s death are not such as to require me to make any recommendations or comments pursuant to section 28 of the Coroners Act 1995."
The coronial inquest into the Launceston woman's death was held in Hobart on July 28.
Ms McTaggart said Ms Pearn, 27, died in a motor vehicle crash from multiple blunt traumatic injuries on March 24, 2013 on the Midland Highway at Lovely Banks.
She said Mr Ellis was driving his blue Mercedes Benz sedan in a southerly direction on the Midland Highway.
"At some point prior to the crash Mr Ellis moved from the south bound lane into the overtaking lane – and then continued to travel south in this lane," Ms McTaggart said.
"Mr Ellis was therefore travelling on the incorrect side of the road.
"He was travelling in the overtaking lane for a period of time.
"Impact between the two vehicles occurred in the overtaking lane on the tangent (exit) of a sweeping right hand curve for the south bound traffic.
"Whilst Mr Ellis’ vehicle had been wholly in the overtaking lane for a period of time before the crash, I find, accepting the crash investigators’ evidence, that at the point of impact at least part of his vehicle was in the overtaking lane.
"The evidence shows that Ms Pearn’s vehicle was within the overtaking lane at the point of impact, possibly with the right hand wheels of her vehicle touching the western most centre line of the overtaking lane.
"I particularly acknowledge the grief suffered by Mr Alan Pearn and Mrs Kristine Pearn in respect of the tragic and unexpected loss of their loved daughter, Natalia Dawn Pearn.
"I convey my sincere condolences to the family and all of Ms Pearn’s loved ones."
In addition, Andrew Fowler, senior project manager for the Department of State Growth, identified safety benefits in dividing the north and south bound lanes in the area of the crash.
"He stated that a flexible safety barrier has recently been installed at the crash location," the coroner's findings stated.
"The safety barrier fencing runs for approximately 2.8 kilometres.
"The barrier starts to the north, near Bisdee Tier Road, and concludes south of the crash site, just north of Lovely Banks Road."
Mr Fowler also said this location had a "random element" with respect to the state’s crash statistics as opposed to being a location with an identified cluster of crashes, according to the coronial findings.
Mr Ellis was charged with causing the death of another person by negligent driving.
He pleaded not guilty and a hearing took place from March 24 to 28, 2014.
On June 24, 2015, in the Hobart Magistrates Court, magistrate Chris Webster found Mr Ellis guilty.
Mr Ellis appealed to the Supreme Court and on December 3, 2014 the appeal was dismissed by Acting Justice Harper.
On December 24, 2014, Mr Ellis appeared in the Hobart Magistrates Court for sentence.
Mr Webster jailed Mr Ellis for four months, wholly suspended for two years, and disqualified him from driving for two years.
