The man charged with the murder of Karlie Pearce-Stevenson is being sued by his ex-girlfriend, Adelaide woman Hazel Passmore, over an accident that killed two of her children and left her wheelchair-bound, a court has heard.
Ms Passmore, 33, had her left leg amputated above the knee and suffered severe damage to her right leg and vital organs after the accident in 2008.
The car was being driven by her then partner Daniel Marshall, also known as Daniel Holdom, when it rolled near Indulkana in South Australia’s far north.
He was charged with murdering Ms Pearce-Stevenson in October and remains in custody in New South Wales.
Ms Pearce-Stevenson’s daughter Khandalyce Pearce was also allegedly murdered, but no charges have yet been laid in relation to her death.
Ms Passmore has repeatedly been questioned over the alleged murders, but has not been charged with an offence.
In civil action filed in the South Australian District Court in 2011, Ms Passmore is seeking damages from Marshall for the crash which she claims reduced her employment prospects and quality of life.
The case has been lodged against Marshall but it is understood any compensation ordered would be paid through a compulsory third-party insurance claim.
The car involved in the collision was a hire car.
During a hearing before Master Mark Rice, the court heard Ms Passmore’s solicitors were seeking more information from SA Police.
Her lawyer, Patrick Liptak, made an urgent interlocutory application for the police major crash files.
The court heard police had no objection to releasing the documents, but some would be redacted.
In her claim she seeks damages and interest for past and future medical expenses as well as her loss of earning capacity and employment prospects.
The claim also seeks compensation for psychological and psychiatric injuries, but does not refer to the death of her two children.
It also specifies equipment and modifications to her house and car and her need for ongoing treatment.
The court file records that the defendant was granted a lengthy adjournment in July 2012 “due to the plaintiff’s injuries not being stable”.
The next hearing was in July this year, when Ms Passmore’s lawyers also sought documents from the Repatriation General Hospital.
Claim ‘should be amended to mention children’s deaths’
Master Rice suggested the statement of claim be amended, as there was no mention of any psychological trauma she suffered as a result of losing two of her children.
“The plaintiff’s two children were killed. The statement of claim doesn’t refer to it,” Master Rice said.
“There has been a lot of press about this lady and the defendant, when I looked at the statement of claim I thought there must be another accident but there isn’t, there is only one.
“It just doesn’t mention the fact that two of her children were killed, that ought to happen sooner rather than later.”
The statement of claim, obtained by the ABC, details the extensive injuries Ms Passmore suffered as a result of the crash including a head injury, leg amputation and a bowel resection.
The court heard a defence had still not been filed, and Marshall’s solicitors had not been able to contact their client.
“There may be some difficulties gaining instructions from the defendant who might not be in a position to talk to anybody, in so far as police might not be letting him talk to anybody, I’m not sure,” Mr Liptak said.
“He is in custody in New South Wales. Obviously there have been some criminal investigations in relation to the two deaths.
“He’s been charged with one murder, in so far as the other murder is concerned I’m not sure where those investigations are, that may be the difficulty, I’m not sure.”
Marshall was prosecuted over the fatal car crash and pleaded guilty to three aggravated charges of driving without due care and one charge of driving under the influence of a drug.
He was placed on an 18-month good behaviour bond.
Car swerved to miss mob of kangaroos
The criminal file relating to the car crash, obtained by the ABC, stated that Marshall rolled the car after swerving to avoid a mob of kangaroos.
The file stated that Ms Passmore, Marshall and her three children were travelling from Alice Springs to Adelaide when the crash happened.
The file stated that her three children were ejected from the car during the crash.
Her seven-year-old son Ryan Passmore-Perren and her nine-year-old daughter Willow Passmore-Perren died at the scene.
Her two-year-old daughter Lauryn Passmore-Perren survived with minor injuries.
A mediation hearing for the civil case has been set down for February, and the case will return to court at the end of February.