No jail time for Cootes Transport truckie involved in fatal crash

Shane Day escapes jail time but has been fined and lost his licence.


The Cootes Transport truck driver found guilty of negligent driving in a fatal crash in 2013 has been given a 12-month suspended sentence and fined $1000.

New South Wales District Court judge Leonie Flannery says while the consequences of the crash, which killed two people, were serious, Shane Day's culpability was low.

Flannery says Day should not have been put behind the wheel of the truck involved in the crash because it was defective. Ten of the brake pads were worn through.

However, Day has had his licence suspended for two years and been put on a good behaviour bond.

Day was driving a Cootes-owned tanker when it rolled at Mona Vale on Sydney’s northern beaches in 2013 and burst into flames, killing Peter Wern and Graham Holfreter and injuring five others.

Last week, the District Court found that Day exceeded the posted speed limit in the lead-up to the accident and did not comply with a road sign telling truck drivers to use low gear.

Day was earlier cleared of dangerous driving charges.

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