In short:
Elemer Dobak drove through a red light at a pedestrian crossing at Woodville South in February last year and hit Joan McCaskill.
Ms McCaskill, an 85-year-old great-grandmother, died a week later in hospital.
What’s next?
Dobak earlier pleaded guilty to a charge of causing death by dangerous driving and will be sentenced in South Australia’s District Court in August.
Family members of a “selfless” great-grandmother whose life was tragically cut short by an elderly driver who ran a red light have described their immeasurable grief at losing the “jewel” in their family.
Findon man Elemer Dobak, 88, drove through a red light at a pedestrian crossing on Woodville Road at Woodville South in February last year, seven seconds after the light turned red and four seconds after Joan McCaskill began to cross.
Ms McCaskill, 85, died a week later in hospital.
On Wednesday, Dobak sat emotionless in the District Court dock as Ms McCaskill’s family members said they would “forever mourn” their loss and the “horrific circumstances which ended her life”.
Dobak had earlier pleaded guilty to a charge of causing death by dangerous driving.
Ms McCaskill’s son, Andrew, said his “caring and compassionate” mother was an “extraordinary person who tragically had her life shortened at no fault of her own”.
“Seeing my mother’s motionless, frail, battered and bruised body was an extremely confronting and traumatic experience that will be forever etched in our memories and broken hearts,” he said.
“My mum was an incredibly generous person who loved selflessly so she could be a blessing to others … she was forgiving and always tried to see the best in people and was especially supportive to her family and friends.”
Ms McCaskill’s granddaughter, Rachel Asir, said her “poor sweet nanna” was the “jewel of our family” and her favourite person.
“Nanna was elderly but she had so much life left in her and she didn’t deserve to go this way,” she said.
“She was strong, she was independent, she was determined. Her mind was sharp.”
A smile ‘which lit up the room’
Prosecutor Sarah Attar read more victim impact statements on behalf of other family members, including Ms McCaskill’s daughter, Carmel McCaskill.
She said her mother had a “smile which lit up the room and was loved by all”.
“She was still living a fulfilled, happy and content life at home, fiercely independent with both her physical and mental capacities intact,” she said.
“Shame on you Mr Dobak for the week of immense pain, tears and anguish you caused myself and my entire family as we sat by our mother’s side in the ICU ward before she finally gave up her fight for life.”
She said Dobak should also feel shame for his “blatant disregard for the law and your arrogance running a red light” which were “atrocious behavioural traits”.
Defence lawyer John Lister said his client takes responsibility for his careless driving.
“He regrets what happened and will regret what happened for the rest of his life,” he said.
Dobak ‘wracked with remorse’, lawyer says
Mr Lister said Dobak “failed for a very short time to drive his car in a safe manner” and “accepts that at that time his driving was subjectively dangerous”.
“The words distraught, aghast, devastated, ashamed and deeply remorseful all apply to Mr Dobak’s sentiments as a result of this tragic accident,” he said.
“He is wracked with guilt, wracked with remorse, he simply can’t understand how he had made such a mistake as to not see the red light which failed to protect [Ms McCaskill].”
He said Dobak had regular checks on his eyesight and “in no way” anticipated the accident would occur.
Mr Lister told the court Dobak has no prior criminal convictions and was not under the influence of alcohol or drugs at the time of the incident.
He asked his client’s imminent sentence be suspended because of his age, saying it would be “inhumane” to sentence him to a jail term.
Prosecutor Sarah Attar said a suspended sentence was not opposed.
She said in a “perverse twist”, footage of the incident showed Dobak had ample time, an “unobstructed and clear” view of the pedestrian crossing and Ms McCaskill when he drove through it at 46 kilometres per hour.
“He simply failed to pay adequate attention to his surroundings when approaching the crossing,” she said.
“He had adequate time to see the lights at the crossing … that’s further illustrated by the calculation that if he was travelling at 46 kph, he would have travelled approximately 89.44 metres in that seven seconds the lights were red,” she said.
Outside court, Mr Dobak apologised for his actions.
Dobak will be sentenced in the District Court in August.