'Difficult to comprehend' that medics didn't notify authorities before fatal crash
A convicted killer driver who had a vision impairment "would not have driven" on the day he caused a fatal crash if his licence had been suspended, preventing an Adelaide mother's death, a coroner has found.
Sohaila Mohammadi, 47, of Blair Athol suffered a fatal head injury in a crash on Main North Road at Elizabeth on January 21, 2022.
She was the front passenger in a van driven by her husband when Tristan Mourant struck the left-rear passenger side of the van, which then fishtailed, collided with a light pole, and a tree before bursting into flames.
During the inquest, held earlier this year, the court heard Mourant had been diagnosed with bilateral retinal dystrophy, a degenerative disorder affecting the retina.
It heard he had also been told by three medical professionals that he was unfit to drive, but none of them had alerted the Register of Motor Vehicles about his condition, despite state legislation requiring them to do so.
"Mr Mourant knew he had medical advice not to drive," Mr Whittle said in his findings.
"He had obtained Centrelink paperwork declaring him having a disability. Notwithstanding that, he specifically applied for a driver's licence in May 2021, declaring no medical impediment.
"In doing so, he demonstrated an understanding of the need to have a licence in order to drive.
"While he was dishonest about his condition, in an overall sense, he demonstrated that he knew he needed a licence to drive.
"On the balance of probabilities, I am therefore satisfied that Mr Mourant would not have driven had he been suspended and Mrs Mohammadi's death would therefore have been prevented."
'Difficult to comprehend' authorities weren't notified
Mr Whittle said the fact Mourant had been able to "simply declare he had no medical impediment to driving" despite having a vision condition, raised "concerns about the interactions between his medical assessments and the state's licensing authority".
"Mr Mourant was assessed by three doctors, and all three were aware of his grossly constricted visual fields. However, not one of them notified the Registrar of Motor Vehicles pursuant to an apparent obligation under s 148 of the Motor Vehicles Act 1959," Mr Whittle said.
"I do, admittedly, find it difficult to comprehend how the medical professionals dealing with Mr Mourant considered it appropriate to advise him not to drive, that is, they formed a belief that him driving would be risky, but nevertheless determined not to exercise their duty under s 148."
Tristan Mourant hit a van, killing Sohaila Mohammadi in January 2022. (ABC News)
That section of the act states that a health professional is required to inform the registrar if a person has a "physical or mental illness, disability of deficiency such that, if the person drove a motor vehicle, the person would be likely to endanger the public".
Mourant pleaded guilty to charges of causing death by dangerous driving, and causing serious harm by dangerous driving.
In October 2024, he was jailed for just over seven years, with a non-parole period of six years, eight months and 13 days.
His licence was also disqualified for 20 years.
Not possible to pull woman from van fire
In his findings, Mr Whittle also found that after the crash, Mrs Mohammadi's death could not have been prevented due to the fire which had engulfed the van her husband, Noor Ahmad, was driving.
He said the intensity of the flames "was severe and engulfed the van so quickly that it was not possible to extricate Mrs Mohammadi".
Mr Whittle also found there was nothing Mr Ahmad — who was also injured in the crash — could have done differently, as he had been driving in a "perfectly reasonable and normal manner" at the time.
"I am therefore satisfied that there were no actions that Mr Ahmad could have taken which could or would have prevented Mrs Mohammadi's death," Mr Whittle said.
He also offered his condolences to Mrs Mohammadi's family, noting that the fact her death "occurred at the hands of an individual who selfishly put his own desires above the safety of all others is deplorable".
"That there were missed opportunities to take him off the road is regrettable,"
Mr Whittle said.
He recommended that medical colleges, including the Royal Australian and New Zealand College of Ophthalmologists, issue communication to members and SA Health medical staff that it was "a mandatory obligation" to notify the registrar when a driver poses a risk to other road users, and that future staff are also made aware of the obligation.
He further recommended the Minister for Infrastructure and Transport similarly provide information and guidance to all other health professionals.
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