Csaba Somogyi found guilty of negligent driving after fatal Borah Creek crash

Csaba Somogyi fronted Tamworth Local Court on Thursday, November 2, where he was found guilty of one count of negligent driving occasioning death.

Somogyi was charged after the passenger in his car died on March 5, 2020, at Borah Creek, between Manilla and Barraba, when he lost control of the car on a corner, and slammed into a tree.

At the time of the deadly crash, Somogyi and the passenger were participating in the Riverina Redneck Rally. The event raises money for Country Hope, a charity supporting children with cancer.

He had maintained a plea of not guilty to the charge.

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The verdict was handed down by magistrate Brett Shields following a five-day special fixture hearing in the Tamworth court in September.

During the hearing, it was the Crown case Somogyi had driven negligently due to the speed at which he took the corner, the line in which he travelled, or a combination of both.

Somogyi's defence barrister had submitted his client took a "prudent approach" to driving during the rally, and told police in an interview after the crash he "did not drive crazy".

Organisers of the rally, other participants, investigating police officers, and independent crash investigators gave evidence during the hearing.

While handing down his verdict on Thursday, Mr Shields told the court he was satisfied beyond reasonable doubt Somogyi had driven negligently.

He said the reasoning for his finding was a combination of both speed, and the path Somogyi chose to take the corner.

Mr Shields said Somogyi, who was driving at at least 81km per hour when he entered the corner, had driven on the loose gravel of the unsealed road, rather than the main path.

"The defendant's driving has fallen below the standard of care required of the ordinary prudent driver," Mr Shields said.

The court heard on the day of the crash, the rally participants had camped at the Warialda Sports Ground where they were breath tested and given a briefing of the day's route before driving to Gravesend.

Participants had a second briefing at Gravesend where they were told the next part of the drive would involve unsealed roads, and possible hazards.

At about 1:10pm organisers were alerted of the crash on Banoon Road, Borah Creek.

The victim died of multiple injuries as a result of the car hitting the tree.

The rally was called off the next day, and Somogyi was also hospitalised.

Mr Shields said Somogyi had participated in the rally in previous years, but only as a passenger, and an interview with police in the wake of the crash revealed he was not experienced at driving in bush conditions.

"It would appear some participants drove on the roadways at significant speeds, the defendant, it would seem was not ... someone who had accumulated a lot of experience," Mr Shields said.

"They [participants] were required to drive by the road conditions, and also advised to drive to their experience."

Mr Shields said Somogyi "stands to be convicted", and adjourned the matter for sentencing.

Somogyi will return to court later this month.

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