A Tatura man has faced court over the death of a Rochester man in a fatal crash at Nanneella.
A Tatura driver who hit and killed a Rochester motorcyclist last year had also been the driver in a crash with a cyclist more than a decade earlier where the cyclist had died months later, a court has heard.
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Vincent Varapodio, 55, of Tatura, pleaded guilty in Bendigo County Court to a charge of dangerous driving causing death.
Prosecutor Nicholas Batten told the court Varapodio had been driving a Nissan Navara ute east on Webb Rd and cut the corner while making a right turn towards Winter Rd, going into the path of the motorbike, which was travelling in the opposite direction just before 2pm on September 22, 2023.
Motorcyclist Paul Hangan, 67, had been on his way home to Rochester on his Harley-Davidson XG500 motorbike after having lunch in Kyabram.
Varapodio had just finished work at Nanneella, and had only driven for about seven minutes before the crash occurred.
Intersection of Webb and Winter Rds, Nanneella, where the crash occurred. Photo: Google Maps.
Mr Batten said Varapodio called his boss and said “I’ve had an accident and think I’ve killed a guy”.
Mr Batten told the court that although Webb Rd had a 45-degree angle skewed intersection with Winter Rd, the line of sight was not affected.
One of Mr Hangan’s friend’s read her victim impact statement in court, telling of the “special, irreplaceable, kind, gentle friend”.
She spoke of a man who was a “storyteller”, a “great listener”, and “a friend who was taken too soon”, as well as speaking of the hole in her heart she had been left with since his death.
Varapodio’s defence barrister Markorius Habib said his client maintained that he did not see the motorbike, but accepted he was responsible.
However, while Mr Habib said “all dangerous driving charges before the court are serious”, Varapodio’s was “at the lower end of seriousness” as he had simply failed to see the motorbike.
He said there were no allegations of inappropriate speed, and it was not a case where he was fatigued or under the influence of alcohol or drugs.
When it came to his moral culpability, Mr Habib admitted it “did not fall at the lowest end” as Varapodio had faced court in October 2010 on charges of failing to give way and driving while suspended after a crash where cyclist Jodie Ridges was hit and severely injured.
Ms Ridges died in May the following year, after the court case had finalised.
On that occasion Varapodio was sentenced to a one-month prison term that was fully suspended, put on a good behaviour undertaking for a year and ordered to pay $10,000 to the Scott Peoples Foundation.
Mr Habib said Varapodio was a father-of-two who had been in the same employment for most of his adult life.
He also said Varapodio had mental health issues, including post-traumatic stress disorder and major depressive disorder.
Mr Batten argued that the Nanneella crash “could not be classified as at the lower end” of this type of offending, and instead said it fell in the “mid-range”.
He also told the court Varapodio had been caught speeding on a country road doing 123km/h in a 100km/h zone earlier this year while he was on bail for the Nanneella crash.
The judge was also shown Varapodio’s VicRoads demerit point history, which showed he had lost 19 points for speeding since 1995, including three speeding fines given since the 2010 court hearing.
The judge said that while they were not part of Varapodio’s prior court history, and speed was not a factor in this case, they did “show a disregard for the road rules”.
Varapodio was taken into custody at the end of the court hearing and will be sentenced on Wednesday, August 14.
