Call for justice

Lynette Flowers with a photo of her and her husband David on their wedding day. 108742 Picture: DAMJAN JANEVSKI

By XAVIER SMERDON

A GRIEVING widow who has been waiting two years to find out why her husband died has called for a police investigation to be reopened.
Lynette Flowers’ husband of 40 years David was killed on 10 November 2011 while sitting in his car at a roundabout in Laverton North when another driver slammed into him.
A police brief which was submitted to the coroner details the incident and Ms Flowers has read all 159 pages more times than she can count, and every time she reads it she is left asking more questions.
According to a statement from the other driver, he felt dizzy and his vision became blurred.
He claims to have lost control of his car while driving along the Princes Freeway before taking the Laverton North exit where he became airborne when he drove straight over a roundabout and into David Flowers’ car.
According to the police brief, the driver had a stroke the next day while he was in hospital.
Ms Flowers, from Werribee, told Star she had serious concerns about the police investigation into her husband’s death.
“We’ve been totally let down by the coroner’s office and the police. We haven’t been given any justice,” Ms Flowers said.
Two of Ms Flowers main concerns are that it took police eight months to formally interview the other driver and that despite her solicitors contacting the coroner’s office monthly since January this year, there has still been no coronial inquest.
“Due process just hasn’t occurred with this,” she said.
“I can’t move on, think or even function properly. I’m not even on automatic pilot.
“This other driver’s innocence or guilt should be decided in the court, not by the police. I want the police to be there to put everything on the record and answer these questions.
“There has been no justice for David, for my sons or for myself.”
The brief also reveals that the other driver’s medical records were not in the correct order.
Dr Jo Ann Parker wrote on behalf of the Victorian Institute of Forensic Medicine that “the medical notes were not dated adequately and some notes appear to have been misplaced”.
State Member for Altona, Jill Hennessy backed Ms Flowers, calling for the Minister for Police and Emergency Services to request a review by Victoria Police into the investigation.
“Lynne continues to endure a living nightmare in respect to David’s death,” Ms Hennessy said.
“In her view she has very patiently and cooperatively awaited a proper investigation into David’s death, believing that accountability, and justice would prevail. From her perspective this has certainly not occurred.
“Ms Flowers is not after a witch-hunt; she simply requests that her husband’s case be reviewed. I request that the Minister for Police and Emergency Services undertake to ensure that occurs.”
A spokesperson for Victoria Police said they did not interview the other driver for eight months because they were waiting on a medical review, which they received on 5 July 2012.
“The interview was conducted once this information was received. Based on the findings of medical experts as part of this review, a decision was made not to pursue the matter and a brief was prepared for non-authorisation,” the spokesperson said.
“As the matter is now before the Coroner, it would be inappropriate to comment further.”
A spokesperson for the Coroner’s Court said that they were notified in July 2012 that police were no longer pursuing a criminal investigation into Mr Flower’s death.
In November 2012 they wrote to Ms Flower’s to say that they were satisfied with all the evidence and they would prepare a written finding into the death, without the need for an inquest.
The spokesperson said the process had been delayed by several factors, including an incomplete application form from Ms Flowers requesting an extension of the period allowed to raise concerns with the Coroner.
“Unfortunately some people get confused and think that if the Coroner makes a decision not to hold an inquest, it means that the death will not be investigated, and that is not the case,” the spokesperson said.
The spokesperson said the matter had now been referred to its Medical Investigation Team and the coroner would await the referral to decide whether or not an inquest into Mr Flowers death would be held.
Ms Flowers said that she just wanted answers and was willing to sell her house to pay for an inquest if necessary.
“I’m not after revenge, I just want justice,” she said.
“This is like a double dose of death because the system hasn’t done what it was supposed to do.”

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