News

Truck driver found not guilty of causing fatal crash

Scenes from the accident at the Apple Tree Creek hall intersection on the Bruce Hwy this morning. Photo Brittany Cook / Isis Town & Country
Scenes from the accident at the Apple Tree Creek hall intersection on the Bruce Hwy this morning. Photo Brittany Cook / Isis Town & Country Brittany Cook

THE brother of a man killed in a crash on the Bruce Hwy has accused Lindsay Brothers transport company of "playing Russian roulette" with drivers' lives.

Former Lindsay Brothers truck driver Maxwell Rice, 56, was found not guilty in the Bundaberg District Court of dangerous operation causing death in relation to the November 21, 2012 crash at Apple Tree Creek.

Francis Wanrooy's brother Tristan was killed when the ute in which he was a passenger, was driven into and over by Mr Rice's truck.

During the trial Mr Rice gave evidence that the brakes had failed.

Following the not guilty verdict Mr Wanrooy said while it was not the outcome his family were after, they were happy the trial was over.

"We know Mr Rice was involved with the actual accident but it was Lindsay Brothers who knew about the brakes, who knew that truck was faulty and wasn't 100% roadworthy and they are the ones who put it on the road," he said.

"It's not up to the drivers to make sure these vehicles are 100% roadworthy, it's up to Lindsay Brothers.

"So I have one question for Lindsay Bothers. When are you going to take responsibility for your actions?

"How many vehicles are on the road right now that are unroadworthy, just playing Russian roulette with everyone's lives?

"We just want Lindsay Brothers to take responsibility, not once have we received an apology or any flowers regarding this matter."

Mr Wanrooy said his family was undecided at this stage whether they would seek further action against the company.

Defence lawyer Edwina Rowan made a comment on Mr Rice's behalf as her client left the court with his family.

"Mr Rice is glad this is over for both families and his deepest sympathy is with the family of Mr Wanrooy," she said.  

In closing arguments, defence barrister James Godbolt had told the jury that "what we know is that the prime mover seized at the time - its brakes were in bad shape".

"Was it his regular truck? No, he'd never driven it before," he said

"Was he allowed to inspect the brakes? No.

"There is a big difference between thinking something is not quite right here, and being aware of what defects were actually in play."

Mr Godbolt said in order to find Rice guilty the jury had to be satisfied Rice was aware that the truck shouldn't have been on the road.

He told the jury they might think Lindsay Transport should be the one on trial.

"But you don't take that out on Mr Rice," he said.

Lindsay Transport was contacted for comment but did not return the NewsMail's calls.

Topics:  court crash editors picks police traffic



Don’t go chasing waterfalls…find them on these drives!

BRISBANE isn’t all bright lights and city slickers.

Science Festival seriously awesome

Don't miss the World Science Festival Brisbane!

CALLING everyone who wants to see something totally cool.

Drink where the cool kids do this summer

There are a bunch of new bars open in Brisbane, make sure you're there!

CHECK out these new funky bars.

Discover Brisbane’s laneway gems

Brisbane's laneways will surprise you.

NOT all of Brisbane City is as it seems…

Top five things to experience this summer in Brisbane

Tangalooma is amazing if you're keen for a dive, kayak or swim.

THIS summer get out and explore your capital city.

Your boots are made for walking these tours

Brisbane Greeters tours are a great way to learn the local history of the city.

YOU don’t need a bike or bus for a seriously good tour of Brisbane.

Is Brisbane the new arts and culture capital?

Check out GOMA's latest exhibition - it's all about hair! GOMA 10 Ambassador Patience Hodgson visits Nervescape V 2016 by Icelandic artist Hrafnhildur Arnardóttir (aka Shoplifter), commissioned for ‘Sugar Spin: you, me, art and everything’ at the Gallery of Modern Art, Brisbane. 
Photograph: Natasha Harth, QAGOMA

THE rest of the world should be envious of this line-up!

Small slices of Bargara set to hit the market

PROGRESS: Operational works for a 30-lot subdivision along Bargara Rd have been lodged with the council.

Some blocks will have direct golf course access

Government makes it easier to apply for bill help

SIMPLIFYING APPLICATION: Mark Henley, the CEO of QCOSS, saysd the changes will reduce barriers for people applying for help.

QCOSS welcomes simplified application process

Bryce says goodbye to Bundy and Trace

SPLITTING UP: Bryce Ruthven is Sydney-bound after two years of presenting Hitz939's breakfast show with Tracey Sergiacomi.

Host leaving breakfast show for job in Sydney

Local Partners

Furious Price wants to quit I'm a Celeb after clash with Keira

AN IRATE Steve Price has threatened to quit I'm A Celebrity after a series of drama-filled clashes with Keira Maguire.

Novel with lots of heart

The romance in A Quiet Kind of Thunder was only one of the joys of the book.

Book proves to be a gem with layers

Bryce says goodbye to Bundy and Trace

SPLITTING UP: Bryce Ruthven is Sydney-bound after two years of presenting Hitz939's breakfast show with Tracey Sergiacomi.

Host leaving breakfast show for job in Sydney

Bliss N Eso announce tribute show for stuntman

Bliss N Eso will play a tribute show at Coolangatta in honour of Johann Ofner. The stuntman died during the filming of the group's Friend Like You film clip earlier this year.

BLISS N Eso to play tribute show to raise funds for killed stuntman

MOVIE REVIEW: Trainspotting sequel as good as original

Ewen Bremner in a scene from the movie T2: Trainspotting.

Director Danny Boyle proves sequels can be done well.

How Karl Stefanovic's wife, kids found out about girlfriend

Karl Stefanovic and Jasmine Yarbrough after their day on Sydney Harbour. Picture: Jonathan Ng

Pictures splashed across tabloid were shock to family

WATCH: Toowoomba opera hopeful's incredible voice

Kaitlyn Orange attends Opera Queensland auditions at Empire Theatres for Opera at Jimbour, Saturday, February 18, 2017.

Opera hopefuls vie for parts in performance at Jimbour House

Submarine, buses and 3000 tyres removed in $100K clean up

The list of things removed from this property is beyond astonishing

Popular island resort sells to loaded international investor

OUR PICK: Chris Foey's colourful shot of one of Gladstone's great tourism hot spots, Heron Island.

International investor snaps up piece of Gladstone paradise.

Expert: Why renters, home buyers may struggle

Matusik Property Insights director Michael Matusik.

What's next for the city's housing market

Massive seaside development of 3200 lots

DESIRABLE LIFESTYLE: The masterplan for the proposed Elliott Heads Estate.

"There's nothing else left along the coastline of Queensland now"

Ready to SELL your property?

Post Your Ad Here!