Scene of a crash at Dyraaba where two children and an adult have been killed. Another two children and another adult were also injured in the crash.
Scene of a crash at Dyraaba where two children and an adult have been killed. Another two children and another adult were also injured in the crash.

Dyraaba fatal crash driver committed for sentence

UPDATE WEDNESDAY 7.30am: THE disqualified driver of the car involved in a crash that killed a father and his two children at Dyraaba near Casino last year has been committed for sentence.

Malcolm John Harris, 36, appeared in Lismore Local Court yesterday where the court determined his case would continue to sentence rather than trial.

Magistrate R Denes ordered Harris to be formally committed for sentence for five of 13 charges. He had previously pleaded guilty.

The other eight charges were back-up or related offences and will be dealt with after Harris' sentencing, pursuant to NSW court rules.

Harris' charges include three counts of dangerous driving occasioning death while under the influence and another charge of dangerous driving occasioning grievous bodily harm while under the influence.

The court previously heard Harris' licence was suspended until 2030 and he was driving the car without permission from the owner at the time of the crash.

The court also earlier heard Harris was under the influence of a cocktail of drugs including methadone, diazepam and marijuana when Shaun Zagar, 28, and his children, six-year-old Kaleb and five-year-old Zara, were killed while waiting for a school bus after the Magna driven by Harris crashed into their Mazda on June 4, 2013.

Mr Harris had his daughter, 3, and son, 4, in the car with him at the time of the accident.

Ms Maranga, the solicitor acting for Harris, said some particulars of the facts that made up the case were in dispute.

In response, Magistrate Denes indicated a disputed facts hearing would likely proceed before sentencing.

Harris did not apply for bail.

 

TUESDAY: THE disqualified driver of the car involved in a crash that killed a father and his two children at Dyraaba near Casino last year has been committed for sentence.

Magistrate R Denes ordered Malcolm Harris to be formally committed for sentence for five of 13 charges.

He had previously pleaded guilty.

Harris' charges include three counts of dangerous driving occasioning death while under the influence and another charge of dangerous driving occasioning grievous bodily harm while under the influence.

The court previously heard Harris' licence was suspended until 2030 and he was driving the car without permission from the owner at the time of the crash.

The court also earlier heard Harris was under the influence of a cocktail of drugs including methadone, diazepam and marijuana when Shaun Zagar, 28, and his children, six-year-old Kaleb and five-year-old Zara, were killed while waiting for a school bus after the Magna driven by Harris crashed into their Mazda on June 4, 2013.

Harris did not apply for bail and is scheduled to appear for a mention in Lismore District Court on February 10.



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