In a case concerning a fatal Greyhound bus accident, Judge Anthony Rafter has instructed jurors to determine whether Peter Jason Cafe was aware that he was fatigued while operating the vehicle. This incident resulted in the deaths of three individuals.
Peter Jason Cafe, aged 53, has entered a not guilty plea to charges of dangerous driving resulting in death and serious injury during his trial in the District Court of Townsville. The jury, consisting of twelve members, began its deliberations on Wednesday following four days of testimony.
The tragic event occurred on June 30, 2024, on the Bruce Highway at Gumlu, not far from Bowen, when Cafe was driving a bus on a route from Rockhampton to Townsville. He reported experiencing a microsleep, which caused the bus to veer into oncoming traffic and collide with a caravan.
The collision claimed the lives of three women and left two men with critical injuries. After hearing all evidence, Judge Rafter provided guidance to the jurors, emphasizing that for a guilty verdict to be reached, the prosecution must demonstrate unequivocally that Cafe was aware of his fatigue and neglected to take necessary precautions to drive safely.
“The prosecution needs to establish that the circumstances were objectively dangerous,” Judge Rafter stated. He also mentioned that if jurors believed Cafe honestly thought he was fit to drive, they were required to acquit him.
During closing statements, Crown prosecutor Monique Sheppard argued that the crash was the result of Cafe’s reckless driving rather than a mere accident. She cited testimony where Cafe admitted, “I dozed off, it’s been a long night,” and expressed remorse by saying, “I have killed these people.” She noted that Cafe acknowledged his fatigue to the police, implying that he was aware of his state while continuing to drive.
The prosecution presented dashcam footage showing the bus drifting into the wrong lane hours before the accident, characterizing this behavior as dangerous driving. In contrast, Cafe’s defense contended that he took such actions to avoid poor road conditions.
Sheppard also referenced expert testimony regarding fatigue signs, highlighting that Cafe exhibited symptoms such as eye rubbing, restlessness, and yawning. Furthermore, the Crown pointed to CCTV footage indicating that Cafe took shorter breaks than required, along with discrepancies in his logbook regarding rest periods.
In defense of Cafe, attorney Tom Hancock argued that there is a significant distinction between an unfortunate incident and criminal behavior. He asserted that Cafe had sufficient rest prior to his shift and that no evidence indicated he was dangerously fatigued.
Hancock noted that speed records showed the bus had stopped for more than 70 minutes during its five-and-a-half-hour journey. As he summarized the defense, Cafe was visibly emotional. Hancock contended that the Crown had failed to prove that Cafe’s driving was objectively dangerous or that he was aware of any such danger.
He further argued that the symptoms cited by the Crown were too mild to suggest a likelihood of a microsleep. Hancock remarked that it would be unrealistic to expect a driver on an overnight route from Rockhampton to Townsville to avoid exhibiting some signs of fatigue.
Despite Cafe having received fatigue management training, Hancock pointed out the lack of evidence concerning the training’s substance, suggesting that some modules could be completed in as little as 11 seconds.
