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Fatal driver Elemer Dobak escapes prison sentence after pedestrian crossing accident in which Joan McCaskill died

An elderly driver who struck a pedestrian while running a red light in western Adelaide last year, causing the death of a pedestrian, has been given a suspended sentence.

Elemer Dobak, 88, was sentenced in the District Court in South Australia on Monday after previously pleading guilty to manslaughter in connection with the road traffic accident that killed 85-year-old Joan McCaskill last February.

In passing sentence, Judge Liesl Kudelka Dobak stated that Mrs McCaskill's death was his sole fault because he failed to stop at a red light.

“Your offence can be described as gross negligence with catastrophic consequences,” she said.

A woman sits at a white table with an older woman with short grey hair.

Joan McCaskill (right) died in hospital a week after being hit by a car while crossing a pedestrian crossing. (Delivered)

The court heard that Dobak drove through a pedestrian crossing on Woodville Road at the corner of Woodville South, seven seconds after the traffic light turned red and four seconds after Ms McCaskill began to cross the road.

She died in hospital a week after the collision.

In earlier sentencing, the court heard that the cause of Ms McCaskill's death had caused “incredible pain, tears and suffering” to her family and friends.

Judge Kudelka said Dobak had written a formal apology to her family members, expressing her “deep remorse” for what had happened.

“You say there are no words to express your sorrow and regret,” Judge Kudelka said.

“I accept that you are genuinely sorry for missing the traffic lights… I accept that the gravity of the situation weighs on you and that you think about this moment every day.

“Ever since that happened, you've been punishing yourself.”

A police officer takes a photo of a limousine next to a police car after a traffic accident.

The court heard that driver Elemer Dobak felt genuine remorse for failing to see the red light. (ABC News)

Judge Kudelka said Dobak's offence did not constitute a “deliberate act of dangerous driving” and was at the lower level of severity of its kind.

She sentenced him to two years and three months in prison, suspended for one year and nine months.

The sentence was suspended after Dobak was given a two-year suspended sentence and his driving license was revoked for ten years.

Police officers are standing in the middle of the street next to a car with a pedestrian in front of it. A police car is parked to the side.

In February 2023, Elemer Dobak ran a red light at a pedestrian crossing in Woodville South and hit Joan McCaskill. (ABC News)

“The circumstances of your offence which give me good reason to impose a suspended sentence include, in addition to gross negligence, your personal circumstances, which include your age and your otherwise good character,” said Judge Kudelka.

“The sentence I imposed in no way reflects the value of Ms. McCaskill's life. That is, of course, something that is immeasurable.”

Family wants to lobby the government'

Outside the courtroom, Ms McCaskill's daughter Carmel Ball said her family had “mixed feelings” about the sentence.

“Some of the family would have liked more justice. Some of us were a little more compassionate because of his age,” she said.

Two women speak to the media outside the courthouse

Carmel Ball, Joan McCaskill's daughter, says her family is lobbying the government to tighten testing requirements for older drivers. (ABC News: Bethanie Alderson)

Ms McCaskill said she would write to the state government demanding stricter testing requirements for older drivers in an attempt to make some sense of the tragedy.

“Some of us will be lobbying the government to look at some of the strategies,” she said.

“It would be really hard to go to your family and say, 'Mom or Dad, you shouldn't drive, I wouldn't put the kids in your car, I wouldn't get in your car' – so there's a little bit more that needs to be done.

“I just want to make mom proud. So if there's anything we can do, we'll do it.”