Interstate driver who seriously injured elderly woman on Albany crosswalk avoids jail time, handed hefty fine

A New South Wales man who hit an elderly woman on a crosswalk in the Albany CBD, leaving her with life-threatening injuries, has been handed a significant fine and licence disqualification. Paul Vallely, 64, was sentenced in Albany Magistrates Court on Thursday on a single charge of careless driving causing death, grievous bodily harm or bodily harm. He was excused from attending the appearance as he had already returned home to NSW, and was represented in court by his lawyer Bruno Illari. Police prosecutor Sgt Dylan Fisher told the court Vallely had been driving on Albany Highway near the top of York Street when he failed to slow down or stop to give way to a woman who was crossing a crosswalk near the ANZ Bank on her mobility scooter. He said Vallely hit the 81-year-old woman’s scooter with his camper van, tipping the device over and dragging it several metres, trapping the victim underneath. The woman had to be extricated from the wreckage by fire and rescue services and was taken to Albany Health Campus with life-threatening injuries. Sgt Fisher said the woman’s injuries included broken bones, internal bleeding and head injuries. Mr Illari said Vallely had been on holidays with his wife at the time and had only been in Albany for a matter of hours when the incident occurred. He argued Vallely was unfamiliar with the area and didn’t realise there was someone coming across the crosswalk as he couldn’t see across all four lanes of traffic on Albany Highway. He also told the court witnesses had said the victim was travelling “faster than walking speed” on her mobility scooter, and her fast pace coupled with Vallely’s obscured vision of the far lanes of traffic resulted in the collision. Magistrate Matthew Holgate conceded the crosswalk in question on Albany Highway was busy and he could understand how Vallely could have found it difficult to see all the way across, however, he said it remained his responsibility as the driver to look for pedestrians on a crosswalk and stop for them. Vallely was fined $2500 and had his driver’s licence disqualified for four months.