A director from the Echuca Moama Taxi Group (EMTG) has described the deaths of two wheelchair passengers in distinct incidents involving the company’s services in 2021 as “tragic.” In April, the taxi service admitted guilt for not ensuring that wheelchair passengers were safeguarded against potential death or serious injury stemming from inadequately secured wheelchair tie-downs and occupant restraints.
During a recent session at the County Court of Victoria, Judge Anthony Lewis postponed the sentencing until June 26.
The director of the Victorian taxi service shared his sorrow over the “tragic” incidents that resulted in the fatalities of two wheelchair users just months apart in 2021. Christine Looney, 63, lost her life when her wheelchair fell backward during a routine trip in Echuca in February 2021, trapping her in the process.
Later, in June 2021, 75-year-old John Phyland sustained a fractured sternum when his wheelchair tipped backward while using the same service. He was hospitalized but succumbed to complications a week after the incident.
In court, EMTG director Gerard Devlin reflected on the unfortunate events that led to his clients’ deaths, noting his familiarity with Ms. Looney. He recounted having transported her multiple times and expressed his belief that she was the last passenger he served, approximately six weeks prior to her passing.
Mr. Devlin also acknowledged knowing Mr. Phyland through social interactions, primarily through their shared interest in lawn bowls. Although he hasn’t driven taxis in years, he mentioned that he completed a refresher training course offered by the company about a year ago, which he described as “quite thorough.”
Defense attorney Jason Gullaci highlighted the company’s commendable track record, emphasizing that in its 33 years of operation, these incidents were the only fatalities it had experienced. “The company provides an essential service for the local community,” Mr. Gullaci remarked, noting that there had been no prior convictions against the organization. He emphasized the rarity of such serious accidents occurring within such a brief timeframe.
Investigations by WorkSafe Victoria were initiated following both incidents, leading to the taxi service’s guilty plea for violating the Occupational Health and Safety Act on April 1, 2026. In its admission, the company recognized its failure to ensure, as far as was practicable, that individuals other than its employees were not subjected to health or safety risks due to its operations.
EMTG acknowledged the danger of death or serious injury to wheelchair passengers if the wheelchair tie-down and occupant restraint system was not properly utilized. The company conceded that it should have provided ongoing refresher training for drivers on the safe securing of wheelchair passengers and established a formal competency assessment to confirm drivers’ abilities in this area.
During the court proceedings, it was revealed that Ms. Looney had not been secured correctly prior to her accident, which ultimately led to her death. Following this incident, WorkSafe Victoria issued a prohibition order on the vehicle’s use until it could be deemed safe again. In response, EMTG initiated additional refresher training for drivers regarding the proper securing of wheelchair passengers. An investigation by WorkSafe Victoria later determined that the immediate risks had been addressed.
However, the safety concerns resurfaced after Mr. Phyland’s death, prompting further scrutiny from authorities. The prosecution stated that Mr. Phyland’s wheelchair likely tipped backward because the driver neglected to secure two front restraints, placing passengers at risk not due to a lack of safety measures but because the company failed to ensure drivers consistently adhered to them. Senior crown prosecutor Megan Tittensor emphasized the vulnerability of passengers in such situations, stating, “You have a vulnerable person on an object on wheels in a moving vehicle, and the propensity of that to move, if not held down tightly, even at low speeds.” She added that these incidents serve as indicators of potential hazards that could arise.
Judge Anthony Lewis has scheduled the next court session for sentencing on June 26.
