A magistrate has unleashed on a remorseless driver over her ‘disgusting’ conduct in trying to dodge blame for a horrific highway fatal crash.
However Rozlyn Grace Walker will not have to spend any more time behind bars.
Walker was behind the wheel of a Silver Prado when it veered into the ongoing lane on the Peak Downs Highway at Strathfield, slamming into a white Honda that had nowhere to go.
As a result of the catastrophic near head-on collision at speed, healthcare worker Ms Frewin died at the scene. She had been taking a 77-year-old man to and from a medical appointment.
Walker, 35, initially claimed she had no idea what had happened before fabricating a story that another vehicle had struck her moments earlier forcing her SUV into the wrong lane.
She pleaded not guilty in Mackay Magistrates Court on Monday to careless driving causing death and even went so far as to assign blame to a “completely innocent” driver, whose vehicle had been captured at the scene in police body worn footage.
“She perjured herself, it is the only conclusion to be drawn, she lied,” Magistrate Bronwyn Hartigan, who found her guilty, said.
Lack of remorse ‘horrifying’
Ms Hartigan said Walker’s lack of remorse was at the “highest level imaginable” and described her as “completely emotionless” throughout the three-day hearing, even when she was shown Ms Frewin’s death certificate.
“I wanted to just see, is she going to show any emotion, any contrition,” Ms Hartigan said.
“Because even if I’d accepted that somebody else collided with her vehicle … she killed someone, she killed a woman aged 44, married for 20 years with three children.
Tam Dixon Frewin with her sister Karen Dixon. Clermont mother Tam Dixon Frewin lost her life in a head-on collision on the Peak Downs Highway west of Nebo on February 2, 2022. Picture: Facebook
“The only time she showed any emotion was concern for herself when I convicted her and sent her into the watch house, she is completely without remorse.
“It is horrifying how without remorse she is.”
Ms Hartigan said Walker’s lies while giving evidence at her hearing about an alleged third driver showed “complete disrespect” for Ms Frewin.
At this point Walker spoke up from the dock and tearfully claimed “I live with seeing her face every single day”.
However Ms Hartigan rejected her words as only concern for herself. “I don’t believe anything out of your mouth.”
Ms Hartigan made a point of reading the victim impact statement from Ms Frewin’s husband Ian Frewin to Walker in a bid to highlight the full impact of her actions.
The Honda Ms Frewin had been in when Walker collided with her on the Peak Downs Highway on February 2, 2022. Picture: Contributed
“My world fell apart,” he wrote. “Tammy was not just my wife, she was my best friend and my soulmate.” Read the full statement below.
Driver ‘cannot explain’ fatal crash
During her sentencing hearing Walker’s solicitor Peter Clark tendered a letter on behalf of his client that Ms Hartigan labelled “absolute rubbish”.
It read: “I accept that I caused the accident on February 2, 2022. I offer an unqualified apology to the family of the late Ms Tammy Frewin. I apologise to the court, to police and all the witnesses for my conduct during the trial. I cannot explain why my vehicle veered onto the wrong side of the road.”
Rozlyn Grace Walker was found guilty of careless driving causing death after a three day hearing in Mackay Magistrates Court.
“She explained it. She perjured herself and … it’s a very very rare case that you can say that categorically. This is one of them,” Ms Hartigan said.
“She’s got no remorse for what’s happened, she’s only got concern for herself.”
Ms Hartigan also highlighted that by law Walker could not now claim she did not know what happened.
“She got in the witness box and said … to the next level bizarre that someone collided with her, that’s her case,” Ms Hartigan said.
“If she wanted to say I’ve got no idea what happened, that’s what she should have said in the witness box.”
Push for actual custody
Prosecutor Sergeant Linden Pollard said the impact of Walker’s actions would affect Ms Frewin’s loved ones for the rest of their lives and argued denunciation of her conduct was key.
Ms Hartigan accepted Walker’s “lack of remorse is at the highest one could ever get” and went further than just pleading not guilty “which is her right” to the charge and not co-operating with the administration of justice.
Walker was trapped in her silver Toyota Prado after the near head-on collision. Picture: Contributed
“She’s made up a completely false story,” Ms Hartigan said, adding that this could only be taken as her “ongoing display” towards her lack of remorse.
Sergeant Pollard pushed for six to nine months jail, to serve two to three months behind bars.
Mr Clark said his client’s children would suffer from any absence and that Walker did have ongoing issues as a result of the crash, as he argued for an immediate release.
Walker, who has no criminal history, had meth in her system at the time of the crash and months later was busted with a used ice pipe.
“She’s not thinking about her kids when she’s having an ice pipe,” Ms Hartigan said.
Walker hid from media as she left Mackay court house during her hearing.
The court heard apart of her conduct in relation to this matter she had excellent anticedance and work history but had been unable to get another job since this incident.
Mr Clark said her home was close to being repossessed as she was behind on repayments.
Penalty
Ms Hartigan found that a jail term was the only appropriate penalty, but the real issue was whether or not Walker should serve any time in custody.
However Ms Hartigan said she had to focus on the charge and the fact it was a short period of careless driving, less than 200m.
“I wouldn’t call it momentary inattention, it went on for too long for that,” Ms Hartigan said.
The court heard Walker has spent two days in the watch house since she was found guilty.
“I hope that has given you some time to reflect,” Ms Hartigan said.
“Not on yourself, but on Tammy and what you have done to her family.”
Rozlyn Grace Walker is charged with reckless driving causing death and driving with a relevant drug in her system over a fatal crash on the Peak Downs Highway at Strathfield that claimed the life of Tammy Dixon-Frewin. She appeared in Mackay Magistrates Court for the first time on May 3, 2022 over the February 2, 2022 fatal crash. Photo: Duncan Evans
The maximum penalty for careless driving causing death is 12 months jail or up to a $12,384 fine.
“I cannot lose sight of the criminality of what you did,” Ms Hartigan said.
“Whilst I am appalled and disgusted by the way you conducted yourself in telling a complete lie about what occurred and blaming somebody else, I can only take that to your lack of remorse.
“I can’t lose sight of the driving in question. It was short, it was a gradual veer onto the other side of the road.
“And ultimately that’s what’s going to save you from jail.”
Walker was jailed for six months with immediate parole and convictions were recorded for the careless and drug driving charges. She was also disqualified from driving for 12 months.
Victim impact statement from Tammy Frewin’s husband Ian
On February 2, 2022 at about 4pm an officer from the Clermont police station came to my address to deliver me the tragic, devastating news that my wife Tammy and mother to my three children had lost her life in a traffic accident near Nebo on the Peak Downs Highway.
My world fell apart. Everything was going fine until then. Tammy and I were planning to buy a house and now those plans are falling apart.
Tammy and I have known each other for 27 years, have been married for 21 years, our three children are 25 … 21 … and 16, and we have a close relationship.
It was a very warm family home and we were all very friendly with each other. Now we’re all struggling with the loss of Tammy and I really try hard so the boys don’t fall apart completely.
Tam Dixon Frewin with her husband Ian Frewin. Picture: Facebook
When Tammy and I first met I immediately knew that I was going to marry her one day. I even told my parents, and seven years later we got married after I had designed the wedding ring for her.
We went to many weddings as a couple and a lot of them ended, and people always asked us about our relationship and I told them that Tammy and I speak about everything, the hard stuff and the easy stuff, and we both agree that lies would get us nowhere.
We were very similar in a way and sometimes would say the same thing at the same time, and we would piss ourselves laughing.
Tammy was not just my wife, she was my best friend and my soulmate. She will be sorely missed.
Tammy did so much at home and did all the administrative side as well. She kept track of our bills and phones for example and would do the tax for us all.
Tammy would also write up all the birthdays, important dates and events on the calendar and I’ll have to get my head around that in the future. She organised so many things for us that made everything so easy and convenient at home.
Tammy’s work has been supportive and are helping financially until I can gather everything for the workcover … but it’s a real challenge as I’m not great with computers.
The workcover claim and super claim are very time consuming, they keep asking me for more and more documents. They ask for something, I submit it then they asked for something else.
With the super I have to travel to Emerald each time and it takes a lot of time to get there and back and the road is in a horrible condition. I’ve travelled to Emerald at least 15 times now to get paperwork signed and speak with the solicitors.
Tam Dixon Frewin with her Aunty Norah. Picture: Facebook
Since I was able to get Tammy home I have at least been able to sleep again. Not having her home really upset me and I could not sleep for two weeks … She was cremated on February 14, 2022.
I’ve not been able to work since the accident, I just have too much on my mind. I don’t have the energy to help the school with the school bus run. I’m still working through so much paperwork it’s unbelievable.
I was contacted by the sergeant from the forensic crash unit and met with him. He told me about the investigation side of things and showed me some photographs of Tammy’s car and as bad as it might sound, it helped me to be able to accept and process the fact that Tammy’s not walking through the door anymore.
When I was in Mackay I went to the coffee shop opposite the hospital where Tammy always bought her coffee and had a friendly relationship with the staff.
I ordered a coffee and said I’d like it like Tammy used to get and the lady that served me came around, realising who I was and gave me a big hug and said whenever I come back I would get a free coffee. It really humbled me to know how much they liked Tammy.
The grieving has pushed myself and my sons to the limit.
On March 26, 2022 we celebrated Tammy’s life at the Hoods Lagoon Clermont where Tammy had gotten married 21 years ago. Between 200 and 300 people turned up to honour Tammy. It was a great turnout and many could not make it on the day and came and visited me in Clermont in the weeks after.
After the funeral 100 people came to my place and we continued celebrating Tammy. We had a great time and two weeks ago I got a tattoo on my left chest just above my heart in Tammy’s memory.
I will carry Tammy everywhere I go. Nothing will ever come close to Tammy my beautiful wife, I’ll miss and love her forever.