Couple now locked in a bitter legal fight with a tour operator after a fatal Outback bus crash changed their lives forever
One person died and five were injured after the tour bus rolled west of Alice Springs in the Northern Territory in June 2022.
Joshua Clements and his wife Elysse Lloyd have now sued tour company Emu Run Experience and its managing director Patrick Bedford in the Federal Court over the deadly trip.
'Ultimately, the crash has decimated our lives: there is nothing that can bring back what we have lost,' Mr Clements told AAP.
'Yet, we look forward to our day in court and to attaining restitution and justice.'
Whilst no amount of money could undo the pain, harm and life-long injuries they had suffered in the crash, Mr Clements expressed confidence that his and his wife's legal rights allowed them compensation.
The civil lawsuit has been filed in the NSW registry of the Federal Court, thousands of kilometres from where the tragedy took place.
Mr Clements has created a public petition calling for the end to what he calls a 'perverse' no-fault law under the Northern Territory's Motor Accident Compensation Scheme.
Under that scheme, all road users can obtain benefits after an accident regardless of who is at fault.
According to the NT's Motor Accident Compensation Commission's website, the scheme covers medical treatment, loss of earning capacity, compensation for permanent impairments and lump sum death benefits.
But Mr Clements said his case sought a higher amount of 'significant compensation' under NSW legislation and Australian consumer law.
'The law is completely on our side,' he told AAP.
'These laws, and associated rights, cannot be undone by the anachronistic rules of a territory in Australia.
'That state and federal laws take precedent is indisputable.'
Mr Clements has required lengthy spinal fusion surgery after the crash, undergoing nine separate operations with at least six more scheduled.
Emu Run Experiences and Mr Bedford did not respond to a request for comment.
Both face four criminal charges of failing to comply with a health and safety duty and have been prosecuted by NT WorkSafe over the incident.
They will be back in court on August 11.
The prosecution is among several over serious bus crashes in Australia in recent years.
Bus driver Brett Andrew Button is serving a 32-year prison term after a coach carrying wedding guests hit the guard rail of a roundabout in the NSW Hunter Valley in 2023, killing 10 people and injuring 25 others.
A truck driver meanwhile faced trial in Victoria in May after rear-ending a school bus at speed, seriously injuring seven students west of Melbourne two years earlier.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Mail
30 minutes ago
- Daily Mail
How smugglers tried to get a record $800million cocaine shipment into Australia before authorities swooped
A vessel bound for Australia has been found to have approximately 2.5 tonnes of cocaine onboard, worth about $800million. The New Caledonia-based French Navy undertook the huge operation to seize the illicit drug, on June 25, from a vessel that departed Peru in May. Seven crew members were taken into custody in New Caledonia. The drug shipment was bound for Queensland, reported The Courier Mail. New Caledonian public prosecutor Yves Dupas revealed the cocaine was packaged within about fifty bags. The operation to seize the drugs took place about 400 nautical miles off the capital of the French territory. It comes just days after over half a tonne of cocaine was prevented from reaching Australia following a two-month Australian Border Force-led operation. The ABF worked in partnership with Customs authorities from Jamaica, United States, France in French Polynesia and New Caledonia and New Zealand. In a statement released on June 18, the ABF revealed they had targeted the 'Rip' concealment method, which uses shipping containers to conceal and transport drugs. The joint operation took place throughout April and May led to the seizure of over 500kgs of cocaine. During the operation over 142kgs of cocaine was seized in French Polynesia hidden within insulation panels in a refrigeration unit. Over 67kg of cocaine was seized in New Caledonia buried behind panels in a shipping container, in a separate detection. Three other separate seizures saw over 285kgs of cocaine detected hidden within shipping containers arriving into Melbourne. ABF Commander International Claire Rees said: 'Organised crime groups are highly sophisticated enterprises, with incredibly deep pockets and a constantly expanding global reach.' 'The Rip method is becoming a hugely popular method of evasion, but it is only a possible strategy due to the increase of trusted insiders and criminal infiltration throughout the global supply chain. 'The operation is one of many examples of ABFs commitment to deepening our connection and capabilities with our international counterparts and our valued Industry partners.' 'It was a great example of the ABF officers embedded overseas and in Australia, working with international partners, combining trust, effort and resources for a common goal – to halt criminal intrusion on our global supply chain and keep our communities safe.' A spokesperson for the French Customs Agency added: 'French customs welcomes the excellent cooperation between its various overseas services and Australian authorities in this operation against international drug trafficking by sea. 'The seizure of over 200 kilos of cocaine by customs officers from French Polynesia and New Caledonia demonstrates the effectiveness of a joint action and confirms the high level of collaboration in information sharing and intelligence between our territories.'
The Sun
5 hours ago
- The Sun
Diddy could learn fate TODAY as jury to decide on last racketeering charge against shamed star in sex trafficking trial
SEAN "Diddy" Combs could learn his fate today after jurors reached a split verdict in the federal racketeering and sex trafficking trial. The courtroom received a letter from the jury at around 4:05 pm on Tuesday, informing the judge that jurors had reached a verdict on four of the five counts. 4 4 4 4 The note said the jury reached a verdict on counts 2-5, which are the sex trafficking and transportation for engaging in prostitution charges. However, it also indicated that jurors were unable to agree unanimously on count 1 - the racketeering conspiracy charge. Judge Arun Subramanian ruled to give the jury more time to deliberate over the deadlocked charge after receiving proposals from the prosecution and the defense on how to move forward with the split verdict. Moments later, the judge dismissed the jury for the day and instructed them to continue their deliberation on count one on Wednesday morning. If agreed by the jurors unanimously, the full verdict could be announced in the courtroom today. Combs faces a maximum 10-year prison sentence if convicted of either prostitution charge, and a minimum of 15 years if convicted of either sex trafficking count. He faces a life sentence if convicted on the racketeering conspiracy charge. In closing arguments, prosecutors described Combs as the "leader of a criminal enterprise" who used his expansive "wealth, power, violence, and fear to get what he wanted." "He thought that his fame, wealth and power put him above the law," Assistant US Attorney Christy Slavik said. "It was his kingdom. Everyone was there to serve him." The core evidence of the prosecution's case was the disturbing and graphic nature of the drug-fueled "freak-offs" that at times Combs allegedly coerced his ex-girlfriends to participate in with male escorts. Slavik described to jurors how Combs forced his former lovers Cassandra "Cassie" Ventura and " Jane" into participating in the punishing sex marathons and with the help of an inner circle of "loyal lieutenants" covered up the alleged crimes. Ventura and Jane were sometimes required to perform the lewd acts, which were also called "hotel nights and wild king nights," while they were hurting from urinary tract infections (UTIs), according to prosecutors. Ventura testified that the choreographed encounters, which she said were directed by Combs, could last days, with the longest she ever participated in being four days. On the other hand, Combs' defense team slammed the prosecution's case as an attack on "your bedroom" and one's sex life. 'They go into the man's bedroom. They go into the man's most private life. Where is the crime scene? The crime scene is your private sex life. That's the crime scene," Marc Agnifilo, Combs' lead defense attorney, said during closing arguments. Agnifilo summarized the seven-week trial as a "tale of two trials," arguing one side is the one told by the evidence of the case, by witnesses, videos, and text messages, and the other was a "badly, badly, exaggerated" story told by prosecutors. The defense attorney argued the sexual encounters involving Combs, Ventura, "Jane," and male escorts were consensual, and called the "freak-offs," which were sometimes video recorded, "homemade porn." "You want to call it swingers, you want to call it threesomes, whatever you want to call it, that is what it is - that's what the evidence shows," Agnifilo told the jury. "He did what he did. But he's going to fight to the death to defend himself from what he didn't do.'
Scottish Sun
8 hours ago
- Scottish Sun
‘One in a million' former jockey dies aged 43 after being kicked in head by horse as pal says ‘we lost our little girl'
The sport has been plunged into mourning TRAGIC ACCIDENT 'One in a million' former jockey dies aged 43 after being kicked in head by horse as pal says 'we lost our little girl' A 'ONE in a million' former jockey has died aged 43 after being kicked in the head by a horse. Heartbroken friends said they had 'lost their little girl' as they came to terms with the shock passing of Australian Peta Tait. 2 Peta Tait, seen here with trainer and 'father figure' Reg Manning, has died aged 43 after being kicked in the head by a horse Credit: Getty 2 The former jockey was remembered as a 'one in a million' person after the 'tragic accident' Credit: Getty Tait rode 48 winners between 1998 and 2019 and had been working as a stable lass and work rider since giving up race-riding. She was going about her normal business for trainers Trent Busuttin and Natalie Young when struck in the head at Cranbourne Training Centre in south-east Melbourne earlier this week. Paramedics rushed to the scene and performed CPR but she could not be saved. The trainers said in a statement: "Peta was an incredible person who was dedicated to her role and will leave a longstanding legacy. We are heartbroken by her loss." Jockey Daniel Moor wrote on X: "It's difficult to find the words to describe a one in a million person, but that's exactly who Peta was. "So dedicated to her job and always so helpful. Constantly putting others before herself. She will be very sadly missed." Police are investigating the circumstances around the incident - although it was believed to be a 'tragic accident'. Tait rode her first ever winner for trainer Reg Manning aged 16 and he said: "It was just a freak accident. "It was not as if she did anything wrong, or it was a bad horse, it just kicked out for whatever reason. "I couldn't have kids, but I have got three girls that all call me 'Dad' from different families. "We helped all of them growing up and Peta was no different - we were very close. "Fellow trainers Ian and Jan Hutchins were like family to her as well. She learnt a lot from them. "They treated her very well, and they will be just as sad as I am that we have lost our little girl." Racing Victoria chief executive Aaron Morrison said: "This terrible accident serves as an untimely reminder of the thousands of unsung heroes working in stables each day to provide the best possible care to our racehorses. "Like all within our industry, Peta loved horses and she forged a career working with them, helping numerous trainers prepare their horses as a trackwork rider or strapping them on race day. "Peta made a valuable contribution to Victorian racing over more than 25 years and her sudden passing will be felt by many, particularly in Cranbourne where she was based."
