Jury retires in case of triple-fatal Greyhound bus crash driver

The jury in the trial of a Greyhound bus driver involved in a triple-fatal crash has retired. (Supplied: Farah Priela) Judge Anthony Rafter has told jurors they must decide if Peter Jason Cafe knowingly drove while fatigued in the case of a triple-fatal Greyhound bus crash. Mr Cafe, 53, has pleaded not guilty to dangerous operation of a motor vehicle causing death and grievous bodily harm in a District Court trial in Townsville. The panel of 12 jurors retired to consider its verdict on Wednesday. Link copiedShareShare articleA jury has retired to deliberate in the trial of a driver of a Greyhound bus who caused a triple-fatal crash on the Bruce Highway at Gumlu near Bowen on June 30, 2024. Peter Jason Cafe, 53, pleaded not guilty to one count of dangerous operation of a motor vehicle causing death and grievous bodily harm at the beginning of the trial in the Townsville District Court. Mr Cafe, who had been driving the service from Rockhampton to Townsville, said he had a microsleep as the northbound bus shifted into the southbound lane of the highway and collided with the side of an oncoming caravan. Peter Jason Cafe was driving a Greyhound bus which crashed on Queensland's Bruce Highway. (ABC News: Baz Ruddick) The crash killed three women and critically injured two men. Following four days of evidence, Judge Anthony Rafter SC gave jurors directions on Wednesday. He said for a guilty verdict, the prosecution must prove beyond reasonable doubt that Mr Cafe drove the bus in circumstances where he was fatigued, knew he was fatigued and that he failed to take adequate steps to ensure he could operate the bus safely. "The prosecution has to prove that there was a situation which, once viewed objectively, was dangerous," Judge Rafter said. He said jurors must find Mr Cafe not guilty if they found he had a reasonable and honest belief that he was safe to drive. Three passengers died and two suffered life-threatening injuries in the crash. (Supplied: Farah Priela) In closing arguments, Crown prosecutor Monique Sheppard told the jury that the bus crash was no accident or mistake of judgement, but the result of Mr Cafe's dangerous operation of the vehicle. She reminded the jury of evidence given in the trial where Mr Cafe told witnesses that "I dozed off, it's been a long night" and "I had a nod, it has been a long night, I have killed these people". Judge Anthony Rafter says prosecutors have to prove beyond reasonable doubt that Mr Cafe knowingly drove while fatigued. (Supplied) She said Mr Cafe told police, "That delayed departure obviously got to me", and, "Yeah, I suppose I was feeling a bit long in the tooth, yeah, I would have to say that I was". "The Crown submits that that statement by the defendant is a clear admission by the defendant that he was tired and he knew it," Ms Sheppard said. Dash cam footage from the Greyhound bus was replayed, capturing the bus drifting onto the wrong side of the road at Bloomsbury hours before the crash. The Crown said the incident was dangerous driving, while Mr Cafe's lawyer argued it was a conscious act to avoid a rough patch of road. Ms Sheppard reminded the jury of evidence given by a researcher with expertise in signs of fatigue who identified a combination of Mr Cafe rubbing his eyes, being restless in his seat, and yawning as symptoms of fatigue. The Crown presented CCTV footage capturing Mr Cafe taking shorter breaks or skipping breaks in the morning and said that he made misrepresentations in his logbook about how much time he had taken to rest. Peter Jason Cafe has pleaded not guilty to dangerous operation of a vehicle causing death and grievous bodily harm. (ABC News: Baz Ruddick) Mr Cafe's defence lawyer Tom Hancock told the jury that there was a "world of difference between a tragic accident and a crime". He said Mr Cafe had "plenty of rest" before his shift and there were no signs to suggest he was dangerously fatigued. Peter Jason Cafe is facing a District Court trial in Townsville. (ABC News: Lily Nothling) Mr Hancock said speed records show the bus stopped for more than 70 minutes over five and a half hours of travel. Mr Cafe silently wept as Mr Hanock summed up his defence. "[The Crown] cannot prove his driving was objectively dangerous. They cannot prove that he knew that his driving was objectively dangerous," Mr Hancock said. He said what the Crown said were symptoms of Mr Cafe's fatigue were too subtle to indicate that he was likely to have a microsleep. Mr Hancock said although Mr Cafe had fatigue management training, there was no evidence about what he had been taught and added some modules took just 11 seconds to complete. Copy linkFacebookX (formerly Twitter)Top StoriesArrests planned when ISIS-linked families land in AustraliaTopic:Federal Government

Jury retires in case of triple-fatal Greyhound bus crash driver

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