Coroner's Finding: Hayes, Gary John

Findings of Coroner Simon Cooper following the holding of an inquest under the Coroners Act 1995 into the death of: Gary John Hayes

Contents

Record of Investigation into Death (With Inquest) Coroners Act 1995 Coroners Rules 2006 Rule 11 I, Simon Cooper, Coroner, having investigated the death of Gary John Hayes with an inquest held at Hobart in Tasmania, make the following findings.

Hearing Dates 7 July 2022 at Hobart in Tasmania Representation A Barnes – Counsel Assisting the Coroner Introduction

1. Mr Hayes died in the early hours of New Year’s Day 2019 when he was run down by a vehicle travelling north on the Midlands Highway, near Brighton. The driver of the vehicle, likely to have been a large truck, must have known that they hit Mr Hayes. But they did not stop and left Mr Hayes to die by the side of the highway.

2. Mr Hayes was 30 at the time of his death. He was the third and youngest child of Ms Jane Beck and Mr John Hayes. He grew up and went to school in the Northern suburbs of Hobart. Mr Hayes met his wife Danielle in 2005 or 2006. The couple began dating in 2008 and married in 2011.

3. It is evident that Mr Hayes had a history of mental illness. He was receiving treatment for depression at the time of his death.

What a coroner does

4. Before considering the circumstances of Mr Hayes’ death it is necessary to say something about the role of the coroner. In Tasmania a coroner has jurisdiction to investigate any death that “occurs at, or as a result of an accident or injury that occurs at, the deceased person’s place of work, and does not appear to be due to natural causes”.1 Mr Hayes’ death meets this definition. Because of the element of mystery surrounding Mr Hayes’ death an inquest was held. I note that an inquest is a public hearing.2 1 Coroners Act 1995, section 3.

2 Supra.

5. When conducting an inquest, a coroner performs a role very different to other judicial officers. The coroner’s role is inquisitorial. An inquest might be described as a quest for the truth, rather than a contest between parties to either prove or disprove a case. The coroner is required to thoroughly investigate the death and answer the questions (if possible) that section 28(1) of the Coroners Act 1995 asks. These questions include who the deceased was, how they died, the cause of the person’s death and where and when the person died. This process requires the making of various findings, but without apportioning legal or moral blame for the death.3 The job of the coroner is to make findings of fact about the death from which others may draw conclusions. A coroner may, if she or he thinks fit, make comments about the death or, in appropriate circumstances, recommendations to prevent similar deaths in the future.

6. It is important to recognise that a coroner does not punish or award compensation to anyone. Punishment and compensation are for other proceedings in other courts, if appropriate. Nor does a coroner charge people with crimes or offences arising out of a death that is the subject of investigation.

7. As was noted above, one matter that the Coroners Act 1995 requires, is a finding (if possible) as to how the death occurred.4 ‘How’ has been determined to mean “by what means and in what circumstances”,5 a phrase which involves the application of the ordinary concepts of legal causation.6 Any coronial inquest necessarily involves a consideration of the particular circumstances surrounding the particular death so as to discharge the obligation imposed by section 28(1)(b) upon the coroner.

8. The standard of proof at an inquest is the civil standard. This means that where findings of fact are made, a coroner needs to be satisfied on the balance of probabilities as to the existence of those facts. However, if an inquest reaches a stage where findings being made may reflect adversely upon an individual, it is well-settled that the standard applicable is that expressed in Briginshaw v Briginshaw, that is, that the task of deciding whether a serious allegation against anyone is proved should be approached with a good deal of caution.7 Evidence at the inquest

9. The only witness called to give evidence was Senior Constable Adam Hall.

3 R v Tennent; Ex Parte Jager [2000] TASSC 64.

4 Coroners Act 1995, section 28(1) (b).

5 See Atkinson v Morrow [2005] QCA 353.

6 See March v E. & M.H. Stramare Pty. Limited and Another [1990 – 1991] 171 CLR 506.

7 (1938) 60 CLR 336 (see in particular Dixon J at page 362).

10. In addition, numerous documentary exhibits were tendered by counsel assisting at the inquest. A full list of those exhibits appears at the conclusion of this finding as Annexure A.

11. In addition, my finding was informed by a site inspection of the area of the Midlands Highway where Mr Hayes lost his death. That inspection took place at night to help a better appreciation of lighting conditions.

Circumstances of death

12. Sometime after 10.00pm on Monday, 31 December 2018, Mr Hayes left his home at 97A Branscombe Road Claremont. Sometime between about 12.30 and 1.45am on Tuesday, 1 January 2019, he was seen by an a number of witnesses walking near the edge of, and at times actually on, the carriageway of the north bound lane of the Brooker Highway between the Claremont Link Road off ramp and the Hilton Road turnoff.

13. Despite the efforts of investigators, no witness was identified who saw Mr Hayes any time between 1.45 and 2.15am. He was next seen on the Midlands Highway at Brighton, near the Weily Park Road intersection. Logically this seems to indicate that Mr Hayes received a lift from a passing motorist, although no such passing motorist has been able to be identified.

14. Several witnesses saw someone who can only have been Mr Hayes between 2.30 and 3.15am walking on the Midland Highway northbound.

15. At about 3:10am, a member of the public was driving north on the Midlands Highway to work at Kempton. That member of the public saw a large object on the road (which was ultimately proved to be Mr Hayes’ body) and rang police.

16. The first police officers arrived from Bridgewater Uniform a few minutes later. Upon arrival the first responding police identified significant amount of blood and body tissue spread across the road surface. Located at the end of the blood stains and tissue was Mr Hayes’ body. It was apparent he was dead and had sustained massive head and other injuries.

17. The evidence located at the scene indicated that after being struck, Mr Hayes had been thrown approximately 33 metres forward along the roadway. His body came to rest on the road surface approximately 1 metre inside the painted white fog line on the edge of the highway.

18. No debris from a vehicle was located at the scene. Senior Constable Hall explained in his evidence at the inquest the significance of this was it indicated, strongly, that the vehicle which struck Mr Hayes must have been a large truck. A smaller motor vehicle would have been damaged striking a human and left a significant amount of debris at the scene.

19. The evidence located at the scene satisfies me that when Mr Hayes was struck by a vehicle while walking in the centre of the left hand lane of the Highway. He was dressed in dark clothing.

20. The weather at the time of the crash was fine and the road conditions were dry. The road surface itself was in good condition. There was no artificial lighting in the general area. Perhaps obviously, given the date and time there was minimal traffic on the Midlands Highway. The speed limit is 110 kilometres an hour.

Investigation

21. After police and emergency services attended the scene and located Mr Hayes body, it was examined and photographed in situ. Following those initial investigations, his body was taken to the mortuary at the Royal Hobart Hospital. At the Royal Hobart Hospital, the following day, experienced Forensic Pathologist Dr Donald Ritchey carried out an autopsy. Dr Ritchey provided a report, which was tendered at the inquest.8 In that report he expressed the opinion that the cause of Mr Hayes’ death was multiple traumatic injuries sustained when he was hit by a motor vehicle. Dr Ritchey found that Mr Hayes had suffered severe traumatic injuries including injuries of the head, skull, brain, neck, chest, abdomen, pelvis and extremities which had likely resulted in near instantaneous death.

22. Dr Ritchey said in his report that there was a pattern of the injuries to Mr Hayes body that included multiple horizontally oriented superficial linear lacerations of the skin of the proximal right side of the groin region as well as across the back. Dr Ritchey interpreted those observations to mean that the most likely scenario was that Mr Hayes was struck while upright with the major point of impact being the left side of his back and buttocks. In other words he was struck from behind whilst walking.

23. I accept Dr Ritchey’s opinion.

24. Samples taken at autopsy were subsequently analysed at the laboratory of Forensic Science Service Tasmania. The results of that toxicological analysis were tendered at 8 Exhibit C5.

the inquest.9 In summary, no alcohol or illicit drugs were identified as having been present in Mr Hayes’ body at the time of his death. The tricyclic antidepressant agent nortriptyline was found to have been present at a therapeutic level.

25. Mr Hayes’ body was formally identified by fingerprint comparison.10

26. Thereafter, an extensive investigation was carried out by Tasmania Police Crash Investigation Services and Criminal Investigation Branch detectives to attempt to identify the driver of the vehicle which struck and killed Mr Hayes. It is unnecessary for me to set out in any detail the nature and extent of that investigation other than to say that I consider every reasonable and available avenue of enquiry was followed.

Unless and until someone with some knowledge of the circumstances of Mr Hayes death comes forward, I do not consider any further investigation is likely to uncover any evidence bearing upon his death.

27. Notably, the Crash Investigation Service investigations at the scene having regard to the road surface, speed limit, lighting, position of Mr Hayes on the roadway and clothing Mr Hayes was wearing satisfy me that a reasonably prudent driver driving a vehicle with headlights on and at about the speed limit would not have had sufficient time to react to and respond so as to avoid hitting Mr Hayes. I do not consider a reasonably prudent driver would have expected a person to be walking in the middle of a lane then or at any time.

28. Despite Mr Hayes’ documented history of mental illness there is no evidence that supports a conclusion that the actions which caused his death were voluntary and intentional acts on his part. To put it another way I do not consider there is sufficient evidence to reach a conclusion that Mr Hayes’ death was due to suicide.

29. Finally, I cannot, on the evidence, determine why Mr Hayes was where he was when he was struck by a vehicle.

Formal Findings

30. On the basis the evidence at the inquest to make the following formal findings pursuant to section 28 (1) of the Coroners Act 1995: a) The identity of the deceased is Gary John Hayes; b) Mr Hayes died in the circumstances set out in this finding; 9 Exhibit C6.

10 Exhibit C3.

c) The cause of Mr Hayes’ death was multiple injuries; and d) Mr Hayes died on 1 January 2019 on the Midlands Highway near Brighton in Tasmania.

Comments and Recommendations

31. I urge anyone with any information about the circumstances of Mr Hayes’ death to make contact with the Coronial division or Tasmania police.

32. I acknowledge in particular the extremely thorough and professional investigation carried out by officers of Tasmania Police Crash Investigation Services, and in particular Senior Constable Hall.

33. I thank Senior Constable Barnes for the professional manner in which she presented the evidence at the inquest.

34. The circumstances of Mr Hayes’ death are not such as to require me to make any recommendations pursuant to Section 28 of the Coroners Act 1995.

35. I convey my sincere condolences to the family and loved ones of Mr Hayes.

Dated 22 July 2022 at Hobart in the State of Tasmania.

Simon Cooper Coroner

Annexure A No. TYPE OF EXHIBIT NAME OF WITNESS C1 POLICE REPORT OF DEATH Snr Cst Kelly Ann Cordwell C2 AFFIDAVIT OF IDENTIFICATION Anthony Cordwell (Mortuary Ambulance) C3 AFFIDAVIT OF IDENTIFICATION Ian Fleming (Tasmania Police Fingerprint Bureau) C4 AFFIDAVIT OF LIFE EXTINCT Dr Elliam Hedges C5 POST-MORTEM REPORT Dr Donald Ritchey C6 TOXICOLOGY REPORT Neil McLachlan-Troup C7 STATUTORY DECLARATION Stephen Pestrucci C8 AFFIDAVIT Philippa Frances Rice C9 AFFIDAVIT Brendan Arnold Roberts C10 AFFIDAVIT Anne Salt C11 AFFIDAVIT David John McCormack C12 AFFIDAVIT Laura Meaghan Gunn C13 AFFIDAVIT Jocelyn Tatnell C14 AFFIDAVIT (12.01.2019) AND DASH CAM Tait Aaron Fraser

FOOTAGE C14A AFFIDAVIT (5.06.2020) Tait Aaron Fraser C15 AFFIDAVIT Alison Mary Norris C16 AFFIDAVIT Tania Lee Tennant C17 AFFIDAVIT Daniel Jeffrey Andrew White C18 AFFIDAVIT Sgt Kelly Taylor C19 AFFIDAVIT Cst Hailey Sinclair C20 AFFIDAVIT Csr Adrian Woodhead C21 AFFIDAVIT Cst Shaun Pedder C22 AFFIDAVIT, RUNNING SHEET, AND SUBJECT Cst Kelly Anne Cordwell

REPORT C22A DIAGRAM AND NOTES Cst Kelly Anne Cordwell C23 AFFIDAVIT Sgt Luke Walker C23A DIAGRAM Sgt Luke Walker C24 AFFIDAVIT Snr Cst Adam Hall C24A VISIBILITY TESTING REPORT AND USB X1 Snr Cst Adam Hall C25 AFFIDAVIT Snr Cst Richard Keygan C26 AFFIDAVIT Cst Jared Gowen

C27 AFFIDAVIT Cst Nicholas Monk C28 AFFIDAVIT Sgt Scott Poke C29 AFFIDAVIT Snr Cst Rance Swinton C30 AFFIDAVIT (11.01.2019) Danielle Emma Hayes C30A AFFIDAVIT (5.05.2019) Danielle Emma Hayes C31 AFFIDAVIT Jane Elizabeth Beck C32 AFFIDAVIT Timothy Ikin C33 AFFIDAVIT Cst Shane Leek C34 STATUTORY DECLARATION Hannah Johnson C35 STATUTORY DECLARATION Gareth Delaney C36 STATUTORY DECLARATION Shane Denny C37 AFFIDAVIT Stuart Roberts C38 AFFIDAVIT Gayelene Bannister C39 AFFIDAVIT Matthew John Berry C40 AFFIDAVIT Noel Quinn

C40A REGISTRATION HISTORY OF QUINN DPFEM TRANSPORT AND SPREADING SERVICE C40B ACTIVITY REPORT BY VEHICLE Quinn Transport and Spreading Service C41 AFFIDAVIT Andrew Treloar C42 AFFIDAVIT Troy Williams C43 AFFIDAVIT Roger Stone C44 AFFIDAVIT Paul Palmer C45 AFFIDAVIT Nathan McGann C46 AFFIDAVIT Kerry Scott C47 AFFIDAVIT David Kamprad C47A SUPPORTING DOCUMENTS Bennett’s Petroleum C47B PHOTOGRAPHS Bennett’s Petroleum C48 AFFIDAVIT Cst Jessica Lewis-Shaw C49 AFFIDAVIT Matthew Probin C50 AFFIDAVIT Darren Clarke C51 AFFIDAVIT Lee Bedelph C52 AFFIDAVIT Peter Griggs C53 AFFIDAVIT Jamie Burden C54 AFFIDAVIT Stephen Ryan

C55 AFFIDAVIT Wayne Goss C56 AFFIDAVIT Michael Edwards C57 AFFIDAVIT Natasha Petrascu C58 AFFIDAVIT Andrew Clark C59 AFFIDAVIT Stephen Cooley C60 AFFIDAVIT Steve McNamara C61 AFFIDAVIT Dale Smith C62 AFFIDAVIT Carla Wilby C63 AFFIDAVIT Robert Fahey C64 AFFIDAVIT Gary Reidd C65 AFFIDAVIT Joanna Diakodimitriou C66 TIMELINE OF MOVEMENTS Tasmania Police C66A TRAFFIC CRASH REPORT Tasmania Police C66B INCIDENT DETAILS Tasmania Police (1.01.2019) C67 CRASH REPORT Department of State Growth C68 LOCATION CRASH HISTORY Department of Infrastructure, Energy and Resources C69 WEATHER REPORT Bureau of Meteorology C70 PRIOR CRIMINAL HISTORY Tasmania Police C70A INTELLIGENCE SUBMISSION REPORT Tasmania Police C71 MEDICAL RECORDS (DISCS X2) Royal Hobart Hospital C71A MEDICAL RECORDS Royal Hobart Hospital and Tasmania Ambulance Service C72 MEDICAL REPORT FOR THE CORONER Dr Anthony Bell C73 INCIDENT DETAILS Tasmania Police (17.11.2018) C74 INVESTIGATIVE MATERIALS IN RELATION TO Tasmania Police

PETER CURRWOOD C74A PHONE RECORDS (DISC X1) Tasmania Police C75 INJURY SCALE AND PHOTOS Tasmania Police Forensic Services C76 ROAD WORKS REPORT Department of State Growth C77 FORENSIC PHOTOGRAPHS OF SCENE Cst Nicholas Monk C78 FORENSIC PHOTOGRAPHS OF INJURIES Cst Nicholas Monk C79 OTHER FORENSIC PHOTOGRAPHS Cst Rance Swinton

C80 EXAMINATION OF COMPUTER REPORT AND Tasmania Police

USB X1 C81 BRIDGEWATER BRIDGE SURVEILLANCE Tasmania Police

FOOTAGE C82 SURVEILLANCE FOOTAGE (USB x1) Mood Food Pty Ltd (Kempton) C83 SURVEILLANCE FOOTAGE (BUS 327) (DISC x1) Metro Tasmania Pty Ltd C83A SURVEILLANCE FOOTAGE (BUS 329) (DISC x1) Metro Tasmania Pty Ltd C83B SURVEILLANCE FOOTAGE (BUS 806) (DISC x1) Metro Tasmania Pty Ltd C84 TT- LINE SAILING MANIFEST TT- Line Pty Ltd (Spirit of Tasmania) C85 MESSENGER SCREENSHOT Jonothan Millhouse C86 STARTRACK EXPRESS EMAILS Dean Marshall C87 TRUCKERS TOY STORE EMAILS Tash Renault C88 CONSTRUCTION LOGS TasWater (31.12.2018 – 18.01.2019) C89 TRUCK INSPECTION SHEETS X2 Tasmania Police C90 TRUCK INSPECTIONS – HOBART DIVISION Tasmania Police C91 TRUCK INSPECTIONS – GLENORCHY Tasmania Police

DIVISION C92 TRUCK INSPECTIONS – BRIDGEWATER Tasmania Police

DIVISION C93 TRUCK INSPECTIONS – NEW NORFOLK Tasmania Police

DIVISION C94 TRUCK INSPECTIONS – OATLANDS DIVISION Tasmania Police C95 TRUCK INSPECTIONS – BELLERIVE DIVISION Tasmania Police C96 TRUCK INSPECTIONS – SORELL DIVISION Tasmania Police C97 TRUCK INSPECTIONS – SWANSEA DIVISION Tasmania Police C98 TRUCK INSPECTIONS – DUNALLEY DIVISION Tasmania Police C99 TRUCK INSPECTIONS – KINGSTON DIVISION Tasmania Police C100 TRUCK INSPECTIONS – HUONVILLE Tasmania Police

DIVISION C101 MEDIA RELEASES X2 Tasmania Police