Volkswagen Golf fatality on highway: Melissa Ryan’s family asks attorney general to investigate VW

Victoria’s attorney-general has been asked to launch an investigation into issues raised by a coronial inquest into the death of a young woman who died when her Volkswagen Golf appeared to stop abruptly on a Melbourne highway in 2011.

The family of Volkswagen driver Melissa Ryan were very concerned after the company informed the coroner that it had not received any reports of sudden decelerations in its manual cars.

The car manufacturer is now in the crosshairs of the authorities after admit to using broadcast cheat softwareVolkswagen is facing fresh questions over information provided during the 2013 inquest into Ms Ryan’s death.

The inquest heard the 32-year-old driver died when her Golf suddenly slowed on a Melbourne freeway in January 2011, leading to a crash.

“We just want justice for our daughter,” said her mother, Liz O’Donnell.

“We don’t think we’ve received that, or justice for all those people who are still driving.”

Ms Ryan’s GTI Golf lost speed from 100 kilometers per hour to just 31 kilometers per hour, causing her car to be hit from behind by a truck.

The truck driver was not charged and he told police and the inquest that Ms Ryan’s car “stopped” in front of him without brake lights.

The investigation sparked a significant public backlash, with more than 300 drivers coming forward to tell how their cars had suddenly lost power, including several drivers who had the same make and model of car as Ms Ryan.

“Three hundred people from the community who we don’t know came forward freely and said ‘well a sudden deceleration happened in our car’ and when we know 37 of them were manuals, 182 were petrol, 136 were Golfs, that means it’s a controversial issue,” Ms Ryan’s father-in-law Phil O’Donnell said.

In the weeks following the investigation, Volkswagen recalled its “direct shift gearbox,” or “DSG,” cars.

But the recall did not cover Ms. Ryan’s car model, which was manual.

Coroner Heather Spooner then delayed the findings of her inquest to seek more information from Volkswagen and asked the automaker whether it had received reports of its manual cars decelerating rapidly.

The coroner accepted the company’s assurances that it had not received any reports of problems with its manual cars.

She also accepted information from the Ministry of Infrastructure and Transport that it had been unable to establish systemic problems with manual cars based on complaints received from the public.

“We may never know, but the problem is we just don’t feel like we’ve been heard,” Ms O’Donnell said.

“We had witnesses who weren’t even called to the stand.

“We came away quite distressed that they weren’t interested in listening to what we were proposing, and that’s very distressing.”

Delivering her findings, Ms Spooner, who has since retired, found Ms Ryan may have been distracted because she was talking on her hands-free phone at the time of the accident.

Attorney Gary Hevey assisted the family with a brief information which will be provided to the Attorney General.

“I don’t think the coroner’s conclusion that (Ms Ryan) was distracted by the phone call really holds water,” Mr Hevey told the ABC.

“We all know we can lose five or ten kilometers per hour while driving due to distraction, it’s possible.

“But for me, going from 100 to 31 is something that needs further investigation.”

Family’s request to reopen investigation rejected

Last year, the Victorian Coroner’s Court rejected an application by Ms Ryan’s family to reopen the inquest.

Mr Hevey said he believed the family were right to pursue the case.

“After the hearing was closed, in my opinion it would have been better if the hearing was reopened to properly inquire into, firstly, the number of complaints that have been reported regarding Volkswagen motor vehicles and deceleration points and, secondly, the response from Volkswagen itself that they have not received any complaints,” he said.

“And by not revealing these things to the Ryan family, I can understand why they feel they have been deprived of natural justice.”

A spokeswoman for Victorian Attorney-General Martin Pakula issued a brief statement to the ABC before receiving the family’s petition.

“The Attorney General does not conduct independent reviews of court proceedings and has no specific powers that can be exercised in relation to this type of request,” the spokeswoman said.

Mr Hevey said although the attorney general could not intervene in the justice system, he had broad investigative powers.

“The attorney general has the power to open an investigation into any matter of public interest, and this might be an appropriate case in which he should consider that possibility,” he said.

Volkswagen “has always fully cooperated”

In an email to the ABC, Volkswagen Australia’s general manager of communications Karl Gehling said the coroner concluded “Melissa’s vehicle did not contribute to the cause of the accident”.

“After four months of further investigation, Mr Justice Gray at the Victorian Coroner’s Court wrote to Ms Ryan’s family on Monday 29 December 2014 to inform them of the court’s decision not to reopen the case,” he said.

“Volkswagen has consistently stated, consistent with the findings, that there are no systemic problems with manual vehicles that could cause a sudden loss of power.

“I would also like to remind you that Volkswagen Group Australia has always cooperated fully with the authorities and has always actively assisted the Coroner’s Court in its investigations.

“I encourage you to contact the Coroner’s Court to receive its official responses to both inquests in the interest of a fair and accurate report.”