A mother of four ‘intentionally’ took her own life and those of her children when she collided head-on with an oncoming lorry, a coroner has ruled.
Charmaine McLeod, 35, died along with her children Aaleyn, 6, Matilda, 5, Wyatt, 4, and Zaidok, 2, in a horrific crash on Queensland’s Bunya Highway near Kingaroy on May 27, 2019.
Last year, a lengthy coroner’s inquest in Brisbane looked into McLeod’s complex mental health conditions, including his borderline personality disorder and schizophrenia.
It also investigated her repeated and unfounded allegations of domestic and family violence and sexual assault to authorities in the months leading up to her death.
On Wednesday, coroner Kerrie O’Callaghan concluded that the deaths of McLeod and her four children could not have been prevented, even if authorities had taken a different approach to the issues she had raised.
Ms McLeod’s father, Paul Harris, criticised the findings as a “waste of time” on Wednesday.
“It’s a waste of time, a waste of money and a waste of peace,” he said outside Brisbane Coroner’s Court.
At the time of her death, the Hervey Bay mother believed she would lose custody of her children to her ex-husband following an email exchange with her lawyers on the day of the crash.
James McLeod was married to Charmaine for nine years and is the biological father of Aaleyn, Matilda, Wyatt and Zaidok.
In her findings, Ms Gallagher said the exchange triggered a “dramatic response” consistent with her untreated mental health conditions, namely “the suicide of herself and her children”.
“I cannot determine whether this was solely an act of revenge against Mr McLeod or the result of a genuine perceived fear for her safety and that of her children,” Gallagher said.
The accident happened at around 7.30pm on May 27, 2019 after Ms McLeod overtook a semi-truck and then “suddenly swerved” into another travelling in the opposite direction.
James McLeod (pictured) was married to Charmaine for nine years and is the biological father of Aaleyn, Matilda, Wyatt and Zaidok.
“However, it is difficult to conclude that Mrs. McLeod acted “protectively” by killing her children.”
The accident happened at around 7.30pm on May 27, 2019 after Ms McLeod overtook a semi-truck and then “suddenly swerved” into another travelling in the opposite direction.
Aaleyn was thrown 20 metres from the car, which had caught fire.
Following the crash, a handwritten note was found in Ms McLeod’s handbag in the wreckage, the inquest heard.
In the message, Ms McLeod said: “I’m sorry, it’s an emergency. Yes, it was intentional.”
She also said she “could no longer deal with the custody issue,” claimed she had been raped and abused, and that two of her children had “abused” and attacked her attorneys and the Family Court system.
“How much more? What madness! This is what brings someone to the brink of murder or suicide,” the note adds.
She concluded with ‘It’s the courts’ fault’ and ‘There is not enough help for victims of domestic violence and their children’.
During the inquest, the court was told that Ms McLeod had accused Mr McLeod of sexually assaulting her and two of her children and being violent towards her.
Police determined the allegations were “unfounded” during further investigations.
McLeod denies the allegations and has never been charged with any crime. He declined to comment on Wednesday.
Ms O’Callaghan made no adverse findings against the persons or agencies who dealt with Ms McLeod, her mental health conditions and her children.
This included the police investigation into Ms McLeod’s complaints which Ms O’Callaghan described as “adequate and appropriate”.
“Ms McLeod’s condition was very complex and no one could have predicted her suicide or the filicide of her children,” he said.
‘In retrospect, it will be seen that in some issues things could have been done differently or with a different approach.
At the time of her death, Ms McLeod was embroiled in a bitter custody battle and feared losing her children.
The coroner made no adverse findings against anyone who had dealings with Ms McLeod (pictured) and her children.
‘Ultimately, however, I conclude that even with a different approach… the deaths of Mrs McLeod and her children could not have been prevented.
‘The murder and filicide were virtually impossible for the agencies to detect.’
In her findings, Ms O’Callaghan recommended that the Law Society of Queensland consider providing a specialist mental health consultancy service to lawyers.
She said she would help them seek advice to help “vulnerable clients and those with complex, trauma and/or DFV needs”.
He also recommended that “professional development opportunities” be provided for lawyers.
“I would like to express my deepest condolences to the family of Mr McLeod and Mrs McLeod for their unimaginable loss,” Ms O’Callaghan said.
