A driver who killed five people after failing to give way at a busy highway at Strathmerton had been warned by police how dangerous the road was only minutes earlier.
Christopher Dillon Joannidis, 30, who now lives in the Melbourne suburb of Glen Iris, pleaded guilty in the Melbourne County Court to five counts of dangerous driving causing death.
Five people were killed in the April 20, 2023, crash at the intersection of the Murray Valley Hwy and Labuan Rd at Strathmerton.
The court heard Joannidis, the driver of a Mercedes sedan, was travelling north on Labuan Rd when he failed to give way at the intersection with the Murray Valley Hwy, and crashed into a Nissan Navara ute travelling west on the highway.
The Nissan spun out of control and into the path of an A-Double truck, killing all five people and a dog in the Nissan.
Cobram’s Debbie Markey, 62, and four international working holiday visa workers — Taiwan’s Pin-Yu Wang, 23, Hsin-Yu Chen, Zih-Yao Chen, 25 and Hong Kong’s Wai Yan Lam, 21 — all died in the crash.
The court heard Joannidis had been stopped and fined by police earlier for speeding at 118km/h on Labuan Rd.
He had only been released from that stop one minute before the fatal crash occurred.
Police body-worn camera footage played to the court showed one of the officers telling Joannidis there had been “nine killed in 18 months” in the area “basically because people don’t see give way signs or stop signs”.
The officer said the road was “not really made for 110km/h or even 100km/h”.
Prosecutor Daniel Porceddu said the approach to the intersection from Labuan Rd had two reduce speed warning signs, three sets of rumble strips and warning signs for them, and two intersection ahead signs.
There was also a hump in the road about 39m from the intersection.
Chilling footage was played to the court showing the whole crash on the dash camera from the truck.
Victim impact statements from the families and friends of those who died, as well as the truck driver and his wife, were read to the court.
Debbie Markey’s son, Daniel Montero, spoke of a caring and loving mother who had decided a few years ago to renovate her home and take in overseas workers.
“She was their mum in Australia in so many ways,” he said.
“She was a loving and caring member of the community.
“I find peace in that her final act was doing something to help someone else.”
Mr Montaro spoke of visiting the crash site where he found his mum’s crushed sunglasses and her driver’s licence among the debris.
Zih-Yao Chen’s mother, Wang Chia Chen, told how she cried every day after the death of her son and was worried that other members of her family would get into a car accident and die.
Zih-Yao Chen’s father, Chen Szuhao, told of waking up in tears in the middle of the night.
Pin-Yu Wang’s mother Yi-Chuan Chiu, told how her life had been shattered by the death of her daughter.
“She was my only daughter and closest friend,” she said.
“Every morning I wake up to the fresh reality: she is gone.”
Wai Yan Lamb’s sibling, Alex Lamb, told how their parents blamed themselves for sending their daughter abroad, and how they now sought justice for their sister.
Hsin-Yu Chen’s father, Chun-an-Chen told how his daughter’s death had been devastating for her family and how her absence was a “burden I carry with me every day”.
Hsin-Yu Chen’s mother, Tsui Chieng Hunh told how the loss of her daughter had “altered the course of my life in ways I never imagined”.
Truck driver Andrew McClusky also read a victim impact statement to the court that spoke of how he had no control of the truck once it had hit the Nissan and how he thought he was going to die in the crash.
He spoke of “being gutted” over the crash even though police had said it was not his fault and there was nothing he could have done.
“The significant loss of lives still haunts me to this day,” Mr McClusky said.
“The impact and distress of that day will continue to haunt me forever.”
Joannidis’s defence barrister Paul Smallwood acknowledged the consequences of the crash had been “catastrophic” and had “brought so much despair and grief” to many.
He told how his client “wished to render a heartfelt and sincere apology” to the families of those who died, the McClusky family and the Strathmerton community.
Under Victorian law, anyone found guilty of dangerous driving causing death must be imprisoned, unless they can prove substantial and compelling circumstances that are exceptional and rare that keep them out of jail.
Mr Smallwood said Joannidis had had mental health issues throughout his life – including obsessive compulsive disorder, depression and anxiety.
Mr Smallwood said Joannidis’s mental health had declined when his mother had a major stroke when he was 15 and his best friend had died of leukaemia a year later.
When addressing his driving on the day of the crash, Mr Smallwood said his client was doing 27km/h when he hit the Nissan.
“There is no evidence he didn’t reduce his speed going through those signs,” he said.
He also spoke of issues with what he labelled the “dangerous intersection”, saying there was a crest only 39m before the intersection, the speed limit remained at 100km/h, and that trees obscured the view of the road.
Mr Smallwood also told of another fatal crash at the same intersection where a van went through the give way sign and collided with a police vehicle on February 15, 2022.
The driver of the van died and the police officers were seriously injured.
He also told of four other crashes at the same intersection between 2010 and 2022.
The case was adjourned until January next year to allow a psychiatrist to give evidence about Joannidis’s mental functioning.
Judge Gavan Meredith remanded Joannidis in custody until his next court appearance, despite Mr Smallwood attempting to keep him on bail until then.