The family of a cyclist who was hit by a sleepy driver and left to die on the side of a Queensland road say his death has left a gaping hole in their lives.
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Veterinary surgeon Martin Pearson was out riding south of Toowoomba on Anzac Day in 2014 when he was struck by a truck carrying a 60-tonne load.
The force of the impact threw him 30m, where he died a few minutes later as a result of horrific injuries.
Truck driver Geoffrey Joseph Sleba was behind the wheel and failed to stop because he had no knowledge he had hit someone.
A jury in February acquitted him of leaving the scene, but convicted him of dangerous operation of a vehicle causing death.
Brisbane District Court Judge Leanne Clare said in sentencing the 47-year-old on Monday that Dr Pearson was in his line of sight for 13 seconds before the collision.
"That is a very long time in terms of an opportunity for an alert driver to notice a traveller in the same lane," she said, adding it was a sunny afternoon and the vet was wearing a reflector vest.
Defence barrister Jeffrey Hunter QC said it was accepted his client was fatigued, but there was no evidence to suggest how long he was aware of that.
He also said Slebe'a ability to determine his level of tiredness was "impaired" because of his then-undiagnosed sleep apnoea.
Judge Clare said despite that, Sleba shouldn't have been on the road.
"You made the decision to keep driving in an impaired state," she said, adding it was to such a degree he did not realise he had hit someone.
"You therefore could not have noticed Dr Pearson because you were asleep at the wheel or too fatigued to notice him."
Judge Clare said Sleba should have been aware he was driving a "potentially lethal weapon with the capacity for catastrophic destruction".
She also criticised his claims during the trial he only had two prior traffic offences, when in fact there were more than 10.
Sleba was sentenced to three years' jail, suspended after 13 months, while he was disqualified from driving for two years.
Sandy Vigar said her husband's death had left a huge hole in her life and the family missed him every day.
"If this has done anything I guess it brings hope the responsibility that we all have as drivers," she said outside court.
"It's an activity that we all do every day, but the consequences of getting it wrong can be catastrophic, as has been the case for me and my family."
Australian Associated Press
