Lawyers for the man who killed his two-year-old son and seriously injured his sister-in-law after being hit by a tow tractor say the driver was in the wrong place at the wrong time.
Key points:The man died when he was hit by the tow tractor, a tow-truck driver has been charged with manslaughterThe tow truck’s driver was charged with homicidePolice have launched an investigation into the death of James James and his sister Emily JamesA court heard the tow driver had been at work for the tow company for about eight hours before the accidentThe tow-trader told police that the driver of the tractor was acting “at fault” after the accident, and the tow-driver’s lawyer has called for a criminal investigation.
Key point:The court heard that the man died after he was struck by the tractor, which had been working for a tow company since late January.
The tow driver’s lawyer, Stephen Pritchard, said the tow had been operating on the side of the road for about 80 minutes before it collided with James and Emily James, and that he had been “very concerned for his safety” at the time.
“He was doing his job.
He was acting in the correct way,” Mr Pritch said.”
The truck was going to the other side of his lane, which was a good thing, because the tractor had a speed limit.”
Mr Pritcher said he would be seeking an investigation of the driver, who he said was “very remorseful”.
The tow company’s lawyer said he was “disappointed” and was seeking an independent inquiry.
Mr Pregchard said the driver had told police the tractor driver was “unaware of the fact that he was on the road and was not to be approached”.
“This was a very deliberate and deliberate act of malice, it was a tragic accident and there is no doubt that there will be serious consequences for the driver,” he said.
The driver has since been charged under the Highway Traffic Act.
Mr James and Mr Emily James were riding in the tow’s vehicle when it collided, but they were able to pull the car over and wait for help.
Police said they were not aware of the tow being in the area, but that it had been parked nearby.
“This is not a road with any particular speed limit and it appears that the vehicle that was in front of the car was not operating,” Detective Sergeant Steve Kelly said.
He said the incident had happened on the west-side of the property, and he would have been aware of it because he had “seen the tractor” in the property’s view at that time.
Detective Sergeant Kelly said there was no indication that the tow operator had been driving while under the influence of alcohol.
The man’s brother was in court, but declined to be interviewed by reporters.