December 3rd 2024.
The tragic story of a woman who was killed on her 72nd birthday by a drunk driver has left her family heartbroken and devastated. As Carmel Maree Magutau, 50, stood before a judge in the Brisbane District Court, the victim's children shared how their beloved mother had been looking forward to spending time with her grandchildren and traveling the world.
It was a fateful day on November 12, 2022, when Magutau, under the influence of alcohol, got behind the wheel and drove her Toyota Corolla hatchback at 70km/h in a 60km/h zone. As she failed to maneuver a bend in the road, her car mounted the curb and struck Maria Teresa Gomez, who was walking on the footpath. The impact was so severe that Gomez was thrown 30 meters into an aluminum fence. Despite the damage to her vehicle, Magutau continued to drive for 160 meters before being stopped by another motorist.
In court, Crown prosecutor Matthew LeGrand revealed that Magutau had consumed at least two bottles of wine the night before the incident, and three empty 750ml wine bottles were found in her car's front passenger footwell. Magutau's actions were deemed reckless and dangerous, and she pleaded guilty to dangerous operation of a vehicle causing death while intoxicated.
The loss of Gomez has had a profound and lasting impact on her family, as stated in their victim impact statements. She was the matriarch of a large family, and her absence has left a gaping hole in their lives. Her children, who were present in court, spoke of how she had recently lost her husband and had overcome cancer. They also shared how she had been planning to enjoy her role as a grandmother and travel abroad.
Judge Benedict Power was moved by the family's statements, describing them as very touching. He noted how Gomez had lived a remarkable life, and her contribution to her family was immeasurable. Magutau's guilty plea to driving under the influence, refusing a saliva test, and refusing a breath or blood test further solidified the gravity of her actions.
In her defense, Magutau's barrister, Matthew Hynes, highlighted her struggles with mental health issues and alcohol addiction. He also revealed that she had undiagnosed autism spectrum disorder and borderline intellectual disability, which may have contributed to her poor judgment on the day of the incident. Hynes stated that Magutau had a compulsion to stick to her routine of going to the gym, which may have clouded her judgment.
Despite Magutau's remorse and efforts to seek help through nearly 400 Alcoholics Anonymous meetings and full-time rehabilitation, Judge Power had to consider the need to deter others from driving under the influence. He acknowledged her efforts towards recovery but emphasized that her decision to drive while highly intoxicated was inexcusable.
Magutau was sentenced to six years' imprisonment, with a minimum of 12 months before being eligible for parole. She was also disqualified from holding a license for five years. As the proceedings came to an end, Judge Power reminded everyone to seek support if they are struggling with mental health or substance abuse issues. He urged them to reach out to Lifeline, beyondblue, or the National Alcohol and Other Drug hotline for help.
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