Victim 'occluded' before deadly collision

January 17, 2023 01:38 PM AEDT | By AAPNEWS
Image source: AAPNEWS

A garbage truck was "synchronised" with an elderly woman so the driver did not see her before a fatal collision in Sydney's west, a court has been told.

Christopher Shane Raymond Sultana is facing one charge of dangerous driving occasioning death after his white Volvo truck hit and crushed 83-year-old Ruiming Zhang in Chester Hill at 8.30am on February 23, 2021.

The 34-year-old has pleaded not guilty, claiming he did not see Ms Zhang as he made a three-point turn.

In the Downing Court District Court on Tuesday, forensic traffic engineer Grant Johnston said at the time of the incident Ms Zhang would have been hidden from view in the vehicle's blind-spots or "areas of occlusion".

"Do you form the view from all of the circumstances (it was) highly unlikely that the accused actually saw the deceased at any time prior to the collision?" asked defence barrister Phillip Boulton SC.

"Yes," Mr Johnston replied.

Ms Zhang stepped onto the road from the footpath around the same time the vehicle turned, remaining "synchronous" and hidden at all times before the collision, the witness said.

"That would be consistent with the accused never having taken her presence into account," Mr Boulton asked.

"Yes, you can't respond to what you haven't seen," Mr Johnston replied.

Crown prosecutors allege that the Campbelltown man operated the garbage truck in a manner dangerous to others, including failing to turn on his indicators, reversing into an incoming traffic lane, and failing to view the feeds from cameras on his vehicle to check for pedestrians.

Mr Johnston said the three-point turn, also known as a "hammerhead", was designed to maximise safety, including by having the truck reverse onto the wrong side of the road.

"Remove ambiguity in your movement, so make it clear what your intentions are. Do not be afraid to block traffic to make your intentions clear," he told the court.

After the fatal accident, some fleets barred drivers from using the hammerhead manoeuvre, the court heard.

The cameras on the truck, other than the reverse camera, were not designed to act as driving aids and would distract drivers flipping through them by taking their eyes off the road, Mr Johnston said.

Sultana also faces three related charges of negligent driving, disobeying a no right turn sign, and not giving way to a pedestrian.

The judge-alone trial in front of Judge Sophia Beckett continues.


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