4 days ago
Truck driver Adam Ohlmeyer jailed for the manslaughter of Martin Stait
A Queensland truck driver whose load detached and killed a motorist in northern New South Wales has been jailed.
Grafton man Martin Stait died after a 30-metre roll of fencing wire came off the back of a passing truck and hit his car, causing him to crash at Swan Creek near Grafton on August 8, 2021.
The 35-year-old was driving home from his family's farm with his two young children.
Adam Ohlmeyer, 48, from Kingaroy, was working as second driver at the time of the accident and was sitting in the passenger seat of the truck, which had been travelling from its depot in Toowoomba to Grafton.
He pleaded guilty to the manslaughter of Mr Stait, as well as being an accessory before the fact of dangerous driving occasioning death and driving an unsafely loaded vehicle.
Ohlmeyer was sentenced in Grafton District Court on Friday to three years' imprisonment with a non-parole period of 13 months.
Agreed police facts tendered in court said the truck broke down near Byron Bay and had to be towed to a service station in Ballina.
A driver with a prime mover met Ohlmeyer there and the trailer was transferred onto the second truck.
According to the facts, CCTV showed the rolls of wire wobbling as the second trailer was attached, but this went unnoticed by Ohlmeyer and he did not check the load again during the changeover.
The pair then continued the journey south.
Eight rolls of wire came off the truck at Ulmarra, north of the accident site, and the ninth roll, which struck Mr Stait's car, came off the truck about 10 kilometres down the road.
Ohlmeyer was not aware the load was gone until he arrived in South Grafton, the facts said.
Judge James Bennett said Ohlmeyer had failed to take reasonable steps to ensure the load was secure.
"The rolls of wire were grossly inadequately secured, which should have been obvious to the offender," he said.
During sentencing the court heard Ohlmeyer felt shame and deep regret and had suffered panic attacks, depression and PTSD since the incident.
The court heard Mr Stait was the heart of his family, the one everyone called for advice, help, or just for a chat.
He loved his family, fossicking for gemstones and fishing, which often resulted in a "happy dance" whenever he made a good catch.
Ohlmeyer cried as he sat in the dock to hear the victim impact statements of seven of Mr Stait's family members.
Mr Stait's wife, Ni Komang Muliastuti, described herself as "a butterfly who has lost its wings" and said she had considered taking her own life.
"It felt like the only way to escape the pain," she said.
Mr Stait's sister, Jennifer, addressed Ohlmeyer directly.
"I acknowledge you have taken account for your actions but I do not forgive you," she said.
Mr Stait's brother Troy told the court he had tried to be brave for his family but inside he was "torn a part".
He said he had become depressed and started drinking, had lost his business and separated from his wife.
"It's like walking uphill in quicksand," he said.
Outside court Troy said the sentence adequately reflected Ohlmeyer's role in his brother's death.
Three other men have pleaded not guilty to charges relating to the incident.
Their cases due to go to trial in April.
