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The mother of a 6-year-old Australian girl killed in a buggy crash during a planned sleepover has told a court her life has “remained in hell” for the three years since.
Olivia Stevens was crushed when her classmate’s dad’s Polaris ATV rolled after hitting previous tyre ruts in the frontpaddock of their Rosedale home in the afternoon of September 11, 2021.
The vehicle was being driven by Damien Gibson, 36, with seven unrestrained children in the four-seater — including five of his own.
Gibson returned before the Victorian County Court on Monday after accepting a sentence indication of a maximum five-year jail stint and pleading guilty to culpable driving causing death last month.
Damien Gibson, the court was told, will be sorry until the day he dies.
The court was told Olivia and her mother, Jana Stevens, had visited the Gibson family for a planned BBQ and overnight stay arriving at 2.30pm.
Shortly before 4pm, Stevens left to pick up her eldest son from an event but Olivia, who was in the pool, wanted to stay.
Minutes later Gibson took the children out on his new buggy, bought less than a month earlier, and rolled the vehicle attempting to perform a hard right turn in deep grass.
Olivia was thrown from the ATV and crushed under roll bars, and was pronounced dead after she was flown to the Royal Melbourne Hospital.
Prosecutors told the court none of the riders were wearing seatbelts or helmets, with Gibson’s offending described as “gross negligence” in his decision to drive.
“A very clear message needs to be sent to the community that these vehicles aren’t toys,” the prosecutor said.
Olivia, 6, with mum Yana Stevens.
Stevens told the court she remembered receiving the call to come back as the “moment the world came crashing down on me”.
“Olivia was an incredible child … she was the emotional glue in our family.
“There isn’t a moment when we don’t think of her — it’s like we’re stuck in pain.”
Through tears, Stevens said her life had remained in hell since that fateful day and the only reason she could keep going was for her two sons.
She questioned why it had taken Gibson almost three years to accept responsibility.
Olivia’s father, Scott Stevens, told Gibson he would never forgive him.
“Olivia was the light and soul of our family, you have taken that away from us,” he said.
“You have turned my dreams black, you have taken happiness from me and us.”
Yana Stevens told the court her daughter’s death had torn their family’s life apart.
Gibson’s lawyer, Peter Morrissey SC, told the court his client was not a bad person, he “just thought he was better than he was”.
“His own kids were on that vehicle, there’s a terrible randomness about who it was who was killed in the end,” he said.
Morrissey said Gibson would be “sorry until the day he dies” and had written a letter of apology, but was not going to read it out in court in respect of Jana Stevens’ wishes.
Gibson will be sentenced by Judge Richard Maidment in October.
