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Thursday, May 2, 2024

Driver won’t face charge over death of unborn baby

A 17-year-old boy charged over the fatal crash that claimed the lives of mum-to-be Katherine Leadbetter, her partner Matthew Field and their unborn baby son, Miles in Alexandra Hills on Australia Day will not face charges in relation to the death of the couple’s unborn child.

Queensland Police Assistant Commissioner Brian Codd confirmed that upon receipt of expert legal advice, a specific charge of Killing an Unborn Child under the provisions of the Criminal Code was not available to police.

“We understand this may be difficult for some to understand but I can assure you that the death of baby Miles will not be overlooked and will be presented for consideration to the courts as an aggravating element of the murder charge that we have put forward relating to the death of his mother, Kate,” Asst Commissioner Codd told a press conference today.

The couple and baby, Miles, were farewelled yesterday at a ceremony attended by their two dogs, who miraculously survived the horrific crash on Australia Day.

He said the news had been conveyed to the victims’ families.

“This advice has been provided to the families and we will continue to support and engage with them throughout our investigation and subsequent court proceedings,” he said.

Meanwhile, further charges have been laid against the driver involved.

In addition to the two counts of murder and burglary and one count each of dangerous operation of a vehicle, unlawful use of a motor vehicle and attempted unlawful use of a motor vehicle, the teenager has also been charged with a further two counts of dangerous operation of a motor vehicle (whilst adversely affected by an intoxicating substance), two counts of failure to fulfil duties at the scene of a traffic crash and one count each of wilful damage, driving whilst disqualified and possessing tainted property.

In a heartfelt address to the media, Asst Commissioner Codd said it had been a privilege to be part of funeral proceedings for the crash victims.

“It was a privilege to be invited along with Commissioner Carroll and a number of my first responder colleagues to join family, friends and community members, to the funeral and celebration of the lives of Matt, Kate and baby Miles yesterday,” he said.

“The strength and dignity of the families is an example to all of us at this enormously difficult time.

“While the family and we as a community grieve, the investigative team continues the work of painstakingly and tirelessly building the brief of evidence for consideration of the courts in due course.”

The driver has been issued a Notice to Appear in Brisbane Children’s Court on February 15.

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