Driver not at fault in Colin Sylvia death

A DRIVER involved in a tragic crash that claimed the life of ex-AFL star Colin Sylvia has been absolved of any wrongdoing.

Mark Duscher’s solicitor Bert Hilton-Wood yesterday described the hour leading up to the accident when Sylvia had dropped by his best mate’s house with a six pack of beer and an esky filled with yabbies.

The pair said their goodbyes and left the house in separate cars, both driving along Benetook Avenue.

Duscher attempted to perform a right-hand turn on to Nineteenth Street however Sylvia, who was travelling in the same direction, came over a dip in the road misreading Duscher’s intentions and attempted to overtake.

The 34-year-old felt a “massive impact” which rolled his car, with the force landing the tray top of his ute 15 metres from the scene.

Duscher yesterday faced Mildura Magistrates’ Court over a low-range drink-driving charge, with a reading of 0.082.

An extensive investigation by major collision detectives determined the alcohol in Duscher’s system, or any of his driving behaviour, had not contributed to the accident.

Mr Hilton-Wood said before the accident, Duscher had consumed three Carlton Dry stubbies and described him as a community-minded man with a particular passion for coaching underage footy.

Magistrate Andrew McKenna said while drink-driving was a “dangerous exercise”, he acknowledged the accident happened by both men simply being on the road and tragically colliding.

He said in light of the suffering Duscher had endured and would continue to suffer over the loss of a very close friend, the drink-driving charge would be without conviction.

Duscher was fined $500 and lost his licence for six months.

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