Kenneth MacPherson jailed for drunken 2019 bull car crash which killed senior Pilbara Aboriginal law man

A learner driver was on sedatives and drunk to the point of incapacitation when he hit a stray bull, killing a respected Aboriginal law man, then made death threats to emergency responders on a Pilbara highway in 2019. Kenneth Grant MacPherson, 48, was on Monday sentenced to 15 months’ jail for killing a Bellary Springs elder — his brother-in-law — who was in the passenger seat at 10.15pm on January 28. Carnarvon District Court heard MacPherson failed to brake for a stray bull on the 110kmh Tom Price-Paraburdoo road, causing the animal to crash over the bonnet and smash the windscreen of the Holden Acclaim sedan. That impact resulted in the elder dying at the scene after appearing to be hit in the head by the bull. MacPherson registered a blood alcohol level of 0.158 and tested positive for diazepam, a prescription sedative commonly marketed as valium. A “harrowing” phone call laden with death threats by MacPherson to an emergency operator was retold in court, which State prosecutor Rebecca Mitchell argued hampered the first aid response effort. “I’ve got a dead man my in my car,” defence lawyer David Bodeker said, reading out MacPherson’s call in court. “He goes between screaming at the corpse in his front seat, trying to rouse the man, going back to emergency responses saying, ‘when are you going to get here? “31 minutes and 30 seconds into the recording he says, ‘you better get an armed guard for me. I’m going to shout you c****. I’m going to shoot you bastards’.” MacPherson made further threats to emergency responders but did respond “no” when asked if he had a gun. “It is a very, very harrowing experience to listen to that call — it’s well over an hour long,” he said. “He has got one type of very broad accent and the emergency services operator has a very, very different type of very broad accent and they simply don’t understand each other.” Readings of the call in court suggest this interaction left emergency responders waiting at distance from the crash site for at least 25 minutes. Mr Bodeker said MacPherson had been introduced to alcohol and sexual abuse at a young age, and carried a mental illness as a result. He added MacPherson had shown ability to turn his life around; detailing his commitment to his wife of 13 years who he was initiated as an Aboriginal man for so he could live in her community at Bellary Springs until she died in 2018. His desire for acceptance in the community, court heard, was a factor in MacPherson’s feeling of obligation to drive the elder while intoxicated. After the death of the elder MacPherson returned to the Bellary Springs to receive tribal punishment, but was spared physical assault. Ms Mitchell said MacPherson’s traumatic history did not excuse his decision to get behind the wheel. “The need for general deterrence in offences of this kind is clear,” Ms Mitchell said. Judge Bruce Goetze said rehabilitation efforts were taken into account when handing down the sentence. MacPherson will be eligible for parole in September. He was disqualified from driving for two years.