Dramatic CCTV footage has been presented to a jury as the trial of a Greyhound bus driver accused of causing a triple-fatal crash on the Bruce Highway commenced in the Townsville District Court.
Peter Jason Cafe, the driver of the Greyhound bus, is charged with dangerous operation of a vehicle causing death and grievous bodily harm. The charges stem from a collision on June 30, 2024, near Gumlu, which resulted in the deaths of Emma Sailor, Aliya Tonga, and Marissa Martin. Two other individuals, Tyla Dickinson and Dylan Davis, were hospitalised with life-threatening injuries.
Crown prosecutor Monique Sheppard told the jury of eight men and six women that they must decide whether Mr Cafe is criminally responsible for the deaths and injuries. To reach a guilty verdict, they would need to find that he either intentionally drove the bus into the oncoming lane or fell asleep at the wheel due to fatigue.
The court heard from 19 witnesses, including forensic crash investigators and a fatigue expert. One witness is expected to testify that after the crash, Mr Cafe stated, “I think I had a nod, I woke up and hit the van.” He allegedly added, “It was a long night, I killed these people.”
Short clips from one of eight CCTV cameras inside the Greyhound bus were shown to the jury, which Ms Sheppard said depicted signs of fatigue, including heavy eyes. At the moment of impact, the video showed Mr Cafe wearing sunglasses. Dashcam footage from the vehicle he collided with was also played, showing the bus crossing into the opposite lane. Multiple gasps were heard in the courtroom as the collision was displayed.
Defence barrister Tom Hancock urged the jury not to let the “absolute tragedy” of the incident “overwhelm” their duty. He argued that Mr Cafe crossing into the other lane was an unwilled act and that he should not be held criminally responsible because the crash was not intentional. “The fact of the result being a tragic outcome does not prove that the driving that caused it was dangerous,” Mr Hancock said.
The defence acknowledged that Mr Cafe was driving the bus, that people died or were injured, and that the bus was mechanically sound. Wayne Killen, the driver of the other vehicle involved, and his wife Penelope Killen gave evidence on Monday. Mr Killen said that after the bus hit his caravan, he pulled over and approached Mr Cafe, who told him, “I dozed off, it’s been a long night.”
Mr Cafe has pleaded not guilty to one count of dangerous operation of a vehicle causing death and grievous bodily harm. The trial is expected to continue into next week, with proceedings resuming on Tuesday morning.
