Lakshmi Kantharo Macherla, 47, of NSW, faced the District Court on Thursday for submissions and sentence over a fatal crash on Kangaroo Island in April.However, prosecutor Karen Ingleton said postal issues had affected the victim impact statement drafted by the daughter of Macherla’s victim, Coralyn Turner.“It was posted from Kangaroo Island on Friday and we hoped it would have been received by now … it has not been,” she said.“I’m in the hands of Australia Post … I hope the normal December volume of post doesn’t delay it extra.”She told Judge Joanne Tracey she would attempt to obtain the statement before 2.15pm, but noted Mrs Turner’s daughter lacked access to a computer, email or scanner.“The question is whether Your Honour might be prepared to sentence by video link to Sydney so as to not inconvenience Macherla,” she said.
Macherla was found guilty at trial of one count of causing death, and one count of causing harm, by dangerous driving.He faces a maximum 15-year prison term and a minimum 10-year licence disqualification.In April, Macherla failed to give way at the intersection of Emu Bay Rd and North Coast Rd on Kangaroo Island.Despite slowing from 102km/h to 55km/h, his rented Mitsubishi Pajero collided with a Holden Commodore belonging to the Turner family.Coralyn Turner died at the scene while her husband, George, suffered broken ribs and spinal damage.Jurors heard that, just 100m before the site of the crash, graffiti on the road reads: “Wanna live? So do I – give way.”On Thursday, Heath Barklay SC, for Macherla, said his client’s not guilty pleas did not amount to a denial of responsibility.“There was a genuine issue to be tried here as to whether the driving was dangerous or if it was driving without due care,” he said.“My client is a spiritual and sensitive person who has been deeply affected by this … it’s something that haunts him every day.“He’s written a letter of apology, and I ask Your Honour accept that as genuine … he’s deeply, deeply sorry for having caused the death of Mrs Turner.”He asked Macherla receive a suspended sentence, saying his offending was “at the lower end of the range” of seriousness.Ms Ingleton said she “took no issue” with Mr Barklay’s “characterisation” of the incident.Mr Barklay said sentencing should occur by video link if the victim impact statement could not be obtained by 2.15pm.“That’s obviously something we would like,” he said.“We know it’s unusual but, in circumstances where it seems there’s agreement as to the way in which Your Honour will sentence, if Your Honour accepts those submissions, video link would be appropriate.”Judge Tracey said she was not prepared to sentence Macherla without first hearing from Mrs Turner’s daughter.She adjourned the case until 2.15pm, either for final submissions and sentence or to set a date for a video link.
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