Get all your news in one place.
100’s of premium titles.
One app.
Start reading
ABC News
ABC News
National

Attorney-General apologises to Ryan Kimball's family after media reveals decision not to appeal

Graeme Kimball's son Ryan was killed on the Sunshine Coast in a horrific crash last year. (ABC Sunshine Coast: Ollie Wykeham)

The grieving father of a teenage boy killed in a car crash says an apology from Queensland's top law officer has come too late. 

Graeme Kimball found out through the media on Friday that Attorney-General Yvette D'Ath would not be appealing the sentence handed to the driver of the crash. 

Ms D'Ath called Mr Kimball on Monday morning to apologise for the poor communication, but he said it came too late.

"We're not cold-hearted people," he said.

"I appreciate she's tried to reach out, but the damage is done." 

Mr Kimball lost his 16-year-old son Ryan in June last year when the speeding car he was travelling in veered off the road and slammed into a pole in Bli Bli on the Sunshine Coast. 

The 17-year-old male learner driver, who cannot be named for legal reasons, pleaded guilty to dangerous driving causing death. 

He was sentenced to 18 months' detention, immediately suspended with no conviction recorded.

Mr Kimball said the sentence was inadequate and had been pushing for Ms D'Ath to appeal against it. 

Under Queensland law, the Attorney-General has 28 days after a sentence to direct the Director of Public Prosecutions (DPP) to appeal. 

Graeme Kimball in front of a memorial wall in Ryan's room. (ABC Sunshine Coast: Josh Dye)

The deadline passed on Friday afternoon and Ms D'Ath decided not to appeal, based on advice from the DPP. 

Compounding the Kimball family's grief, they learnt of the decision from journalists who were told before them. 

In a statement to the ABC, Ms D'Ath said she had "significant sympathy" for the Kimball family. 

"However, the court took into account a range of factors in this case, and the Acting DPP advised they did not consider there are reasonable prospects an appeal would be successful," she said. 

"In relation to the Kimball family finding out about the decision via the media, I would like to offer my apologies.

"Procedures have now been put in place to avoid this occurring in the future." 

Annette and Graeme Kimball outside court following the sentencing in April. (ABC Sunshine Coast: Jessica Ross)

'It's just not right'

Mr Kimball emailed Ms D'Ath's office on Friday morning, knowing a decision about the appeal would be made that day. 

He received a reply asking him to send his phone number. 

But he did not hear anything until journalists contacted him about 2:30pm to pass on the news that Ms D'Ath would not be appealing the sentence. 

Mr Kimball said he got official notice from the DPP in a phone call at 4:30pm, and it was "surprised" to learn he already knew. 

"It's just not right that we find out through someone else," he said.  

LNP Member for Ninderry Dan Purdie supported the Kimball cause and organised a press conference at their family home for 11:30am today.

Ms D'Ath left a voicemail for Mr Kimball at 11:02am in which she apologised for the poor communication. 

"It's only because I'm starting to make noise that they're starting to listen," Mr Kimball said. 

"I'm just one man, a father sticking up for his son.

"It just felt like our case was just a reference number." 

The Kimball family has left items on display in Ryan's room. (ABC Sunshine Coast: Ollie Wykeham)

Mr Kimball wanted the law changed so either young drivers were treated the same as adults, or the legal driving age was lifted to 18. 

"If they get a speeding ticket or a fine, they're paying it like an adult. Why not get punished like an adult?" he said.  

"You're not going to get any deterrent if you haven't got anyone taking accountability for the action." 

The Department of Justice, which oversees the DPP, has been contacted for comment.

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.