The mother of a six-year-old girl who died in a pram accident during a sleepover has told a court that her life has “continued to be hell” in the three years since.
Olivia Stevens was crushed when her classmate’s father’s Polaris all-terrain vehicle overturned after hitting previous tyre ruts in the front paddock of their home in Rosedale, in Victoria’s Gippsland region, on September 11, 2021.
The vehicle was driven by Damien Gibson, 36, with seven unrestrained children inside four seats, including five of them.
Gibson returned to the County Court of Victoria on Monday after accepting a sentence that indicated a maximum jail term of five years and pleading guilty to culpable driving causing death last month.
The court was told that Olivia and her mother, Jana Stevens, had visited the Gibson family for a planned barbecue and overnight stay and arrived at 2.30pm.
Shortly before 4 p.m., Ms. Stevens went out to pick up her eldest son from an event, but Olivia, who was at the pool, wanted to stay.
Just minutes later, Gibson was taking the children out in their new stroller, purchased less than a month earlier, and overturned the vehicle while attempting to make a sharp right turn in deep grass.
Olivia was thrown from the ATV and crushed under the roll bars, and was pronounced dead after being airlifted to Royal Melbourne Hospital.
Olivia Stevens, 6, (pictured), died during a planned sleepover after her friend’s father crashed a stroller on the afternoon of September 11, 2021.
In court Monday, Jana Stevens eased the questions that have been running through her mind every day since Olivia died.
“Did he know he was dying? Was he calling for his mom and dad? Was he in pain?” she asked.
“I thought for a long time that maybe she was forgotten under the stroller because the other kids were screaming and she was probably silent.”
Prosecutors told the court that neither of the motorcyclists were wearing seat belts or helmets, and described Gibson’s actions as “grossly negligent” in his decision to drive.
“We need to send a very clear message to the community: these vehicles are not toys,” the prosecutor said.
Olivia’s mother Jana Stevens (pictured) told the court her life has been a living hell since that fateful day and the only reason she can carry on is because of her two children.
Yana Stevens told the court she remembered getting the call to come back as the “moment when my world came crashing down on me.”
‘Olivia was an amazing girl… she was the emotional glue of our family.
“There’s not a moment when we don’t think about her. It’s like we’re trapped in grief.”
Through tears, Ms Stevens said her life has been a living hell since that fateful day and the only reason she can keep going is because of her two children.
He questioned why it took Gibson nearly three years to accept responsibility.
Olivia’s father, Scott Stevens, told Gibson he would never forgive him.
“Olivia was the light and soul of our family, you have taken that away from us,” he said.
“You have turned my dreams black, you have taken away the happiness from me and from us.”
Olivia was remembered by her mother as the emotional glue of the family.
Gibson’s barrister, Peter Morrissey SC, told the court his client was not a bad person, “he just thought he was better than he was”.
“His own children were in that vehicle. There’s a terrible randomness about who was the one who died in the end,” he said.
Mr Morrissey said Gibson “will regret this until the day she dies” and that he had written a letter of apology but would not read it out in court in accordance with Ms Stevens’ wishes.
Gibson will be sentenced by Judge Richard Maidment in October.
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