Grieving mother Amy Scott laments five-year wait for answers over the death of son Nate Stewart in 2020 crash

There are just two things Amy Scott wants: justice and answers. Justice for the little ray of sunshine she lost in a horror car crash several years ago and answers to the questions that have tormented her about what happened. But by the time she finally learns those details or receives any potential justice, almost five years would have elapsed since he was taken from her. That will make it nearly five years — or 1788 days — of waiting for the most heartbreaking moment in her life to be resolved. It’s an extraordinary length of time for anyone to wait, let alone a grieving mother who is unable to move forward because the traumatic chapter is still lingering. Ms Scott’s seven-year-old son Nate Stewart was killed alongside his 10-year-old stepsister, Harmonie, in a horror crash on the WA Day long weekend in 2020. The siblings had been holidaying in Geraldton with their parents and were on their way to visit the Greenough Pioneer Village when their Mazda 3, which was being driven by Harmonie’s mum, Stacey Cunningham, collided with a Ford F250 utility. The children died at the scene, while a male family friend, who was also in the back of the car, sustained serious injuries. A month later Ms Cunningham was charged with three counts of careless driving over the crash with a trial ordered to take place. She was also charged with driving under the influence of an illicit drug, which she later pleaded guilty to. But it took three-and-a-half years for that trial to begin with some of those delays the result of two different lawyers Ms Cunningham engaged resigning because they had been called to the bench. When it finally got underway in December 2023, it was then abruptly adjourned for five months because of a disclosure issue. It then resumed in May 2024 with a decision set to be handed down on October 23 this year. But two weeks before it was due, Ms Scott – through a family member - discovered by chance, the matter had been delayed again – for another six months. And when she inquired why it had been put off until April 2025, she was told it was because the workload of the magistrate presiding over the matter had increased so much that she had been forced to delay her decision. Distressed, Ms Scott fired off an email to Chief Magistrate Steven Heath expressing her disappointment as well as the effect the delay would have on prolonging her grief. In his response, which The West Australian has seen, Mr Heath apologised for the latest delay saying it was “entirely because of the Court”. He said Magistrate Sandra De Maio – who is presiding over the matter - had been unable to finalise her decision “because of the pressure of work”. “She has set a long adjournment date so that she can be confident of delivering the judgment on the next occasion,” he added. “I apologise for any additional distress that this has caused you. “Unfortunately, it occurs from time to time because of the amount of work that Magistrates face.” Ms Scott told The West Australian the latest delay has not only been devastating but angering. Angering because it’s not the first time this has happened and because she once again has to speak out. Every time there has been a hold up, Ms Scott has voiced her disappointment with the judicial system. And while those involved in the system have acknowledged her distress, she says it hasn’t changed anything. The latest delay, she says, is a prime example of that. “I could have understood a couple of months (delay), but six months seems really ridiculous,” she told The West Australian. “And I also feel for Stacey too. I have to continue to co-parent with Stacey and Cheyne (her ex), and this is hanging over all of us.” According to Department of Justice statistics, the median time to trial for a criminal matter in the Magistrates Court of WA was 23 weeks during the 2022-2023 financial year. This does not take into account how long a trial runs for, or how long it takes a magistrate to hand down a decision. Anecdotally, its usually a few months. But some decisions do take magistrates longer. By the time a verdict is handed down in this matter, it will be 11 months since the trial adjourned. In a response to questions from The West Australian, a WA courts spokesperson said the evidence in the case against Ms Cunningham needed “to be thoroughly reviewed” adding it was a “complex decision”. “Delays do happen from time to time, because of workload pressures,” the spokesperson said. “The Magistrates Court of Western Australia had 93,180 criminal case lodgements last financial year, a 10.6 per cent increase from 2022/23. “The Court apologises for any additional distress this has caused the family.” Upset, Ms Scott also contacted the Victims of Crime Commissioner’s office which she said have told her they will advocate on her behalf to see if the Chief Magistrate would reconsider the delay. But a Department of Justice spokesperson would not comment on the issue saying the matter was still before the courts. Besides the delay, Ms Scott says the fact she wasn’t told as soon as the magistrate flagged she was unable to deliver her reasons also upset her. She says she feels like she is always the last person to know about any development, including by those who are supposed to be keep her informed. She said police prosecutors who ran the case against Ms Cunningham failed to let her know about the six-month adjournment. “I found out online and then I’ve had to chase up every single person to be told what’s going on,” Ms Scott said. “I was ringing every person trying to get someone to find out information, and you feel like a pain. Because to them it doesn’t really matter, but to me, it matters so much. I plan my whole life around it.” Adding to Ms Scott’s frustration and grief is not knowing exactly what happened on that fateful day. Most of the information she has obtained she says has come from the trial – and it took three-and-a-half years to get that. “For me it’s getting answers,” Ms Scott explained. “It took for the trial to know what my son was wearing when he died. It’s those sorts of things. It’s just not fair. (You need) those little things that people probably don’t even think about, you need to know those details to bring closure. “It’s really hard to grieve when you don’t have the full picture of how it happened. “I can’t grieve. I can’t, I can’t move forward in anything. I’m just sort of frozen in this place. “I’m just supposed to just live my normal life and function normally while this is always over me. I can’t.” The main allegation against the driver, Ms Cunningham, is failing to notice a give way sign that was in place at the intersection in Georgina where the crash occurred. During the trial, the court was shown her police interview in which she revealed the family were trying to find the Greenough Pioneer Village but the GPS on her phone had sent them in the wrong direction, so she pulled over, made a U-turn, and headed back down McCartney Road. She said she recalled coming over the crest then Cheyne (Mr Stewart) yelling at her then the sound of the other car hitting them. “I remember skidding three or four times, then we stopped. Then I looked at Cheyne and looked in the back. I don’t know if I screamed or not, then we both jumped out of the car, and it was complete panic,” Ms Cunningham said in her police interview. Her lawyer, Dan Johnson, argued in his opening address that the crash was the result of inadequate signage and the road’s geometry adding it was an “accident waiting to happen”. The court was also told following the tragedy, Main Roads took steps to improve the visibility of the intersection which was put in place in June 2020. Magistrate De Maio is tasked with deciding whether Ms Cunningham was “driving without due care and attention”. And while Ms Scott says she appreciates its not an easy task, she is concerned the length of time it has taken to reach whatever verdict will be handed down could open up an avenue for Ms Cunningham to appeal because it might be considered an “unreasonable delay”. “I have read about other cases. If she is found guilty, that delay in the trial, as well as the findings, could be a cause for her to appeal,” Ms Scott said. “And if she’s found not guilty, then I’m not sure how I will handle that either.” Ms Scott says she has been told to prepare that if Ms Cunningham is found guilty that she might not go to jail and could even just receive a fine. She told The West Australian she is prepared for that, adding that she didn’t want Ms Cunningham to go to jail, she just wanted justice and for the process to finally be resolved. “My 11-year-old, who I share with Cheyne, she gets very stressed and anxious because she’s worried that her stepmom is going to jail,” Ms Scott said. “We’ve had to stress about that too. The facts of the case are horrific enough, and then you add on just so much time, and it makes it you honestly feel like it’s surreal. “There is a saying ‘justice delayed is justice denied’. “For me, that’s very true.”