Tanker going too fast before fatal Sydney crash, court told | Australia news | The GuardianTanker going too fast before fatal Sydney crash, court told | Australia news | The Guardian










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Australia news



Tanker going too fast before fatal Sydney crash, court told









Shane Day was also in too high a gear, says prosecutor, of tanker driver in 2013 Mona Vale crash in which two people died














An explosion after the fatal crash. Photograph: Supplied by Tim Pascoe/AAP



Australian Associated Press


Thursday 15 January 2015 23.49 EST







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Skid marks at the scene of a fatal tanker crash on Sydney’s northern beaches show the truck driver was going too fast, a court has heard.
Shane Day, 47, is charged with multiple offences, including two counts of dangerous driving occasioning death, after the tanker rolled on to its side, burst into flames and collided with several cars in Mona Vale in October 2013.
Two people were killed and five were injured.
During a brief hearing on Friday, Day’s lawyer, Rajiv Baldeo, questioned the evidence of a crown witness who used GPS to determine Day’s speed at the time of the crash, saying there was a “clear problem” with how that data was retrieved.
“Without the prosecution being able to prove the speed of this vehicle, the crown case fails,” he said.
Baldeo said there were also defects with the Cootes truck’s brakes.
But although the prosecutor, Mark Finlay, conceded there was a problem with the brakes – describing them as “worn” and in need of adjustment – he said they were able to work.
“Analysis of skid marks also show he was driving too fast,” Finlay submitted.
Day was also in too high a gear at the time, the court heard.
Magistrate Janet Wahlquist granted Baldeo’s application to cross-examine a number of crown witnesses during a committal hearing later this year, saying there was a “live defence”.
Day did not appear in court.



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