Former Penneshaw Hotel worker Dean Carey outside the Christies Beach Magistrates Court.
Source: News Limited
A COUNTRY pub is being prosecuted for serving a seriously intoxicated man who later crashed into a tree and died with a blood-alcohol level almost six times the legal limit.
In what is believed to be the first case of its kind involving an ensuing fatal crash, the Penneshaw Hotel, manager Trevor Roy Jaggard, duty manager Richard Mark Purvis, and employee Dean Ian Carey have been charged with multiple counts of selling or supplying liquor to an intoxicated person over the incident.
Kangaroo Island resident and experienced shearer Anthony “Affy” Read, who later returned a blood alcohol reading of .292, died when the ute he was driving left the road and hit a tree after he had been drinking at the Penneshaw Hotel on Saturday, June 22, 2013.
The Christies Beach Magistrates Court heard Carey had sold Mr Read, 55, with a six-pack of Bundaberg Rum from the hotel’s drive-through after he had consumed 22 drinks in its bar and before he began his 30km journey home.
Mr Read, however, only made it 6km before the fatal crash on Hog Bay Rd at Kangaroo Head.
Carey, 35, of Penneshaw, on Thursday pleaded guilty to three counts of selling or supplying liquor on a licensed premise to an intoxicated person — an offence which carries a maximum fine of $20,000.
Jaggard, 70, and Purvis, 52, both of Penneshaw, are yet to plead.
Anthony “Affy” Read, of American River, was killed when his ute left the road and hit a tree at Kangaroo Head on Hog Bay Road. Picture: Supplied
In the latest case, the court heard Mr Read began drinking at the Penneshaw Hotel at 12.25pm and consumed 22 alcoholic beverages before he got into his car and left about 9.39pm.
Joanne Liptak, for Carey, told the court her client had served three drinks at various stages during the evening to Mr Read before he left the hotel.
“In the course of walking through the kitchen to the bar he could find himself in a position where he could serve alcohol, which is what he did in relation to the deceased on three occasions,” she said.
“Mr Carey was working in the restaurant and it was not known to him how intoxicated Mr Read may have been getting.”
Mrs Liptak said Carey was instructed by Purvis, the on-duty responsible officer for the serving of alcohol, to sell Mr Read a six-pack of Bundaberg Rum from the drive-through as he left.
She said Carey had been given no order not to serve Mr Read by Purvis or the earlier duty manager, whose shift had finished about 3pm.
Mrs Liptak told the court the earlier shift manager and Mr Purvis were predominantly responsible for serving Mr Read alcohol throughout the day.
The Penneshaw Hotel on Kangaroo Island.
She told the court Carey had only been employed at the hotel for eight months and felt he could not refuse his manager’s direction to sell the six-pack to Mr Read as he left.
“Where this hotel is located your honour, I’m instructed only 300 people live within that town,” she said.
“It’s a small community, there is one hotel, one supermarket, one cafe, one post office and not very many employment opportunities.
“When Mr Carey was told towards the end of the night to go and assist Mr Read buy the six-pack of Bundaberg Rum he did not feel like he was in a position to resist that.”
Mrs Liptak said Carey had decided not to continue working in the hospitality industry as he feared again finding himself in a position of serving alcohol to somebody who would go on to lose their life.
Prosecutor Chris Brannan agreed Carey had been extremely cooperative and, unlike others in the Penneshaw community, had helped investigators put together the events leading up to Mr Read’s death.
“The cooperation among the community was low at that period,” he said.
“He definitely was the first to come forward as to what occurred.”
The court heard investigators had watched CCTV footage of Mr Read buy the drinks at the bar — three of which were served by Carey and the others by Purvis and another duty manager whose shift finished at 3pm.
Magistrate Koula Kossiavelos said Carey should be commended for his admissions and for helping police investigate the incident but still needed to be punished to ensure all hospitality workers were aware they would be held accountable for the responsible service of alcohol.
“You were in a small community, there are not many job opportunities in that community and I am told there is one hotel, one supermarket, one cafe and one post office so you felt that you couldn’t resist the direction given to you,” she said.
“Obviously in hindsight that should not have been the case as you too have some responsibility under the (liquor licensing) Act.
“Your actions, and that of others during the course of the nine hours that Mr Read was drinking have had tragic consequences.”
Ms Kossiavelos said character references indicated Carey had since withdrawn from all community activity in Penneshaw because he had been ostracised.
“You are a man who has integrity, you have good work ethics and you are obviously an honest person and that has been demonstrated in relation to this matter,” she said.
She said prosecutors had indicated Carey deserved leniency in sentencing because of various factors.
“That has included your complete level of cooperation and assisting the investigation with what occurred, obviously CCTV footage putting everything into context came later, but your level of cooperation was commendable and that was against the background of the level of cooperation, which was low, in the community by others,” she said.
Ms Kossiavelos decided not to record a conviction against Carey because of his cooperation, his young age, lack of prior history and her belief he was unlikely to reoffend.
He was fined $700 and ordered to pay court costs as well as the victims of crime levy.
Jaggard and Purvis will appear in court in April.
Penneshaw Hotel prosecuted for irresponsible service of alcohol to man who died in drink-drive crash
No comments:
Post a Comment