Those were the words of a magistrate to a 22-year-old woman whose best friend died in a car crash at Euroa.
French backpacker Anouck Lison Congar, who has been living in Tatura, pleaded guilty in Shepparton Magistrates’ Court to a charge of careless driving.
The charge comes after the death of another French backpacker, Marilou Roisse-Solbes, 21, who died when the van Congar was driving crashed on Forlonge Memorial Rd at Euroa on March 1.
Prosecutor Andrew Grant told the court Congar lost control of a Ford Econovan on the dirt road, before it crashed into a tree.
The passenger, Ms Roisse-Solbes, died at the scene.
Ms Congar was flown to the Royal Melbourne Hospital after the crash, before being released a few days later.
Mr Grant said the speed limit on the dirt road “was a default to the 100km/h national limit due to it being a country road”.
Collision reconstruction experts said the van was driving at between 97km/h and 102km/h at the time of the crash.
Mr Grant told the court Congar did not have any criminal or driving priors “or even any traffic infringement history”.
The court heard Congar and Ms Roisse-Solbes had been best friends who grew up together, and had come to Australia from France on a working holiday visa, and planned to stay for 12 months.
They had been working in Locksley for two weeks and on the day of the crash were on their way to a creek to go swimming.
Ms Roisse-Solbes’ father, Denis Roisse, appeared in court on video link from his home in France.
“This unfortunate accident has put us through a terrible time, for both us, her parents, and her sister,” he said.
“The grief we feel is ongoing and all-consuming.”
However, Mr Roisse called for mercy for Congar, whom he knew from France, saying that he hoped she would “be able to return back to her family as soon as possible”.
Congar’s defence counsel, Thibaut Clamart, said the case was a tragedy for his client, her family and the family of Ms Roisse-Solbes.
He said his client had received extra-curial punishment with the death of her friend that was “beyond any penalty the court could impose”.
“Ms Roisse-Solbes was her best friend for two years prior to the accident,” he said.
“They did everything together in France, then decided to come to Australia together.
“What was meant to be a joyful year became a nightmare for Ms Congar and her family and the family of Ms Roisse-Solbes.”
Mr Thibaut said his client had to then remain on bail in Australia for eight months while she awaited the court case, while also dealing with her grief.
She had earlier been charged with dangerous driving causing death, but this charge was dropped before the matter came to court for the final time.
Ms Thibaut said the charge which proceeded was a careless driving one, and therefore the fact that someone died could not be considered as an aggravating factor.
He asked the magistrate to dismiss the charge.
Mr Grant, however, said the maximum fine in a careless driving charge was just over $2000, and he asked for a fine to be imposed.
“It’s important to send a message to the community… there is a real need to take care, particularly on rural roads.”
He also asked for a conviction in the matter, but magistrate Olivia Trumble disagreed.
“This is a situation … where there’s no drugs, no alcohol. In fact, she’s driving under the speed limit,” Ms Trumble said.
“She lost control of a car on a dirt road.”
In sentencing, Ms Trumble agreed with the defence’s submission, and found the careless driving charge proven, but dismissed it without any further penalties being imposed to Congar.
Congar is now free to go home to France.
Speaking to Congar, Ms Trumble told her that there was nothing dangerous about her driving.
“The problem you had is perhaps the speed limit is set too high for that road,” she said.
“This is an incredibly tragic situation and an incredibly tragic accident that resulted in the death of a young person very close to you.
“You’ve suffered extreme trauma of what you saw on that day and what you’ve been through.”
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