Court finds Cootes Transport driver guilty of negligent driving charge

Shane Day’s actions in the lead-up to fatal crash were negligent, a court has ruled.


The Cootes Transport driver involved in a fatal crash in 2013 faces the possibility of jail time after being found guilty of negligent driving occasioning death.

The New South Wales District Court has ruled Shane Day was negligent for exceeding the posted speed limit where the crash occurred and not complying with a road sign instructing truck drivers to use low gear.

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

He was recently found not guilty of charges of dangerous driving causing death and driving causing serious injury.

Day’s defence argued the truck he was driving had faulty brakes. The prosecution argued Day drove too fast and ignored signs at the roadside telling drivers to use low gear.

Those found guilty of negligent driving causing death can be jailed for 18 months for a first offence and two years for a subsequent offence. The charge carries fines ranging from $3,300 to $5,500 and disqualification from driving.

Day has not yet been sentenced.

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