208.
Detective Senior Sergeant Gundry found no evidence that Sean was the victim of foul play. He assessed that all witnesses they interviewed were credible and if Sean had died as a result of human intervention, information would have surfaced after 18 years.
209.
Detective Senior Sergeant Gundry is of the opinion that Sean drove from 52 Orchard Terrace, St Lucia late on the night of 19 March 1999 or in the early hours of 20 March 1999, affected by alcohol. As Sean had earlier been in an altercation with Cameron Forster at 260 Hawken Drive, St Lucia, he believes that Sean attempted to return to that address to continue the fight or to reach a settlement with Cameron so that no further action would be taken.
210.
I note that the suggested course of travel from Orchard Drive to Hawken Drive would have taken Sean down past the St Lucia Golf Club to the river. Where the road turns into The Esplanade, there is a dip and a sharp rise as the road turns to the left. The turn to the left is blind due to the nature of the rise and there is an extremely steep embankment down to the river. The trees between the road and the river are not all that significant now, and would have been even less significant in 1999.
There does not appear to have been any barriers between the road and the
steep river embankment in that section of road in 1999.
211.
Detective Senior Sergeant Gundry is of the opinion that Sean, affected by alcohol, and unaware of his surroundings, drove his vehicle into the Brisbane River in the vicinity where The Esplanade connects with Upland Road, St Lucia.
212.
I note that at the point of potential entry, the river bends. The St Lucia side bank is also marked as the deepest in that section. The bend and depths of the potential entry point indicate that the water would have been moving at a greater speed than any other section. Further, on 19 March 1999, the tide had peaked at around 11:00pm. It was therefore an outgoing tide at the time of potential entry. On an outgoing tide, the water flow velocity can be significant in various sections of the Brisbane River.
218.
I accept Detective Senior Sergeant Gundrys opinion as to the most likely and plausible cause of Seans disappearance and death.
219.
Given the time that passed between Seans disappearance and the searches of the river and riverbanks, as well as the limited side scan technology available at the time, it is likely that Seans vehicle was missed.
Unfortunately, because of the 2011 and 2013 floods, and the effects of salt water on vehicles, even with modern day technology, Seans vehicle and body may never be found.
220. I offer my condolences to the family and friends of Sean Sargent
BBM
:rose: RIP Sean Sargent
