Jamie Gleeson,50,will face trial on seven counts of dangerous driving causing serious injury following the May 16,2023,crash involving an Exford Primary School bus carrying 45 children.
Truck driver Jamie Gleeson arrives at Melbourne Magistrates’ Court for day one of his two-day committal hearing.AAP
The truck driver,from Balliang East,had been facing 11 counts of dangerous driving causing serious injury when he arrived at Melbourne Magistrates’ Court on Tuesday,but the defence successfully argued to have three charges dropped due to insufficient evidence regarding the seriousness of the children’s injuries.
Police prosecutors also withdrew a fourth charge on the second and final day of Gleeson’s committal hearing.
Magistrate Kieran Gilligan agreed police had failed to produce evidence that the children’s injuries had been “substantial” and “protracted”,after a medical expert told the court details of their injuries had been provided soon after the crash and there had been no follow-up.
The court heard Gleeson’s truck brakes were found to have had an issue when examined after the incident,although details of the defect were not provided.
More than 40 children were aboard the Exford Primary School bus at the time of the crash in May last year.Jason South
Defence lawyer James Anderson said the crash investigation had not uncovered anything that would suggest Gleeson should have been aware of any fault.
“In terms of the state of the tyres,the brake shoes,all of those things which can be physically inspected or examined,they were all found to be fine,correct?” Anderson asked Detective Senior Constable Dave Morris,of the major collision investigation unit,when he was called to give evidence.
“That’s not a question for me,” Morris replied. “I’m not a mechanic.”
Children were trapped after the bus was struck from behind by Gleeson’s truck,pushing it sideways and tipping it onto a grass shoulder. Two children had arms amputated after they were freed from the bus.
Exford Primary School bus driver Graham Stanley.Alex Crowe
Bus driver Graham Stanley was hospitalised with a broken ankle.
During the committal hearing,Anderson questioned the lack of inquiry into Stanley’s driving,and his reliability as a witness.
The court heard Stanley had never been questioned by the major collision unit and had not been asked when he applied the brakes on his bus or began indicating before approaching the intersection where the crash occurred.
Stanley gave more than two hours of evidence during the first day of proceedings on Monday,telling the court he had the bus indicator on for about 150 metres before the crash site.
The bus driver said he was either stopped or “inching” when he reached the intersection of Exford and Murphys roads,about 40 kilometres west of Melbourne.
In court,Stanley’s account was contradicted by a witness,motorist David Woods.
Woods,who was travelling behind a work ute following Gleeson’s truck,told the court he did not see the bus brake or indicator lights on.
Anderson also pointed to the fact Stanley had denied in court that he had sustained a head injury during the crash – despite a police report saying otherwise – as evidence he was unreliable.
“That gives rise as an investigator to concern about reliability because[of the contradicting] evidence doesn’t it?” he asked Morris.
“That’s a stretch,actually,” Morris replied.
The prosecution will argue that Gleeson was responsible for the crash as he was travelling too fast and too close to the bus.
Morris said Gleeson was questioned over several hours after the incident and provided a number of explanations – or “excuses if you will” – about how the truck had hit the bus.
“We say that he’s too close,” Morris said. “He’s not concentrating,and by the time he realises that he’s too close to the bus – with the speed that he’s doing ... it is too late.
“He doesn’t even have time to take evasive action,and he hits the back of the bus at considerable speed,considerable force,enough to topple the bus over on one side and push the bus across the intersection.”
Gleeson will appear in the County Court for a directions hearing on May 22.
The Morning Edition newsletter is our guide to the day’s most important and interesting stories,analysis and insights..