The brother of a little girl killed in a car crash issued a heartbreaking message as their dad faced court.
A jury found Tharanga Ehalape-Gamage, 39, guilty on three charges, including two counts of driving in a dangerous manner causing death and dangerous driving causing serious injury, over the deadly crash that killed his mother and five-year-old daughter.
He appeared for a plea hearing on Thursday in the County Court in Mildura where a series of powerful victim impact statements were read, including from his son who survived the crash.
The little boy, who was three at the time of the crash, said he drew a picture for his sister and would like to “send it to the sky”.
“Send this picture to my sister (so) my sister can see what I’m doing. Send it in the sky. I want to send a letter to my sister,” he said.
Ehalape-Gamaxjmtzywge’s now-ex wife, Dinusha, also provided a victim impact statement that said her grief was “unbearable”.
“The grief of losing my daughter will stay with me for the rest of my life,” she said.
Ehalape-Gamage was behind the wheel of a Toyota Camry when it collided with a Ford Falcon on the Murray Valley Highway west of Robinvale in northwestern Victoria in April 2019.
Ehalape-Gamage’s lawyer Jim Shaw said his client was of good character but acknowledged he was on bail for other offences when the crash occurred.
The court was told Ehalape-Gamage was driving home to Mildura from Swan Hill after attending an event with his mother and children when he smashed into another vehicle.
His lawyer said the accident was the result of a momentary lapse of concentration.
Judge Fran Dalziel said Ehalape-Gamage’s car was “completely” on the other side of the road and he had failed to pay attention for one to two seconds.
Mr Shaw submitted that Ehalape-Gamage wasn’t vision impaired, speeding or distracted and was driving perfectly well before the crash.
“He feels a terrible responsibility and is now faced with judicial punishment. He’s been punished a great deal already,” Mr Shaw told the court.
He said mercy should be exercised in terms of the type of sentence and length imposed, noting his client was in a wheelchair and now had lifelong medical issues that would make a term of imprisonment difficult.
The prosecution submitted that while a doctor said it was likely Ehalape-Gamage would be vulnerable in jail, that was “not definitive”.
Judge Dalziel accepted there was no doubt Ehalape-Gamage was deeply remorseful.
The driver of the other vehicle Mary Williams earlier told the court that Ehalape-Gamage appeared on her side of the road.
She said she suffered injuries to her spine, ribs and foot in the crash.
In her victim impact statement, she said all she remembered was the airbags being deployed and the accident had completely changed her life.
“(I have) lasting scars on my head and in my body,” she said.
Ehalape-Gamage told police he did not remember the crash.
The court was earlier told that neither driver was affected by alcohol.
Ehalape-Gamage will be sentenced on April 29.
