DPP drops all charges against truck driver Darren Michael Hicks over 2014 South Eastern Freeway crash that killed two people
All charges have been dropped against the driver involved in the 2014 South Eastern Freeway crash, following an expert report that shows nothing could have stopped his truck’s fatal descent.
Law and Order
Don't miss out on the headlines from Law and Order. Followed categories will be added to My News.
- Freeway horror: Speeding truck smashes into cars
- Saving Louise: The inside story of the 2014 Freeway crash
- Cleaned away: Crash charges dropped against truck owners
- Paralympics aim: Truck driver sets his sights on Tokyo
All charges have been dropped against the driver involved in the 2014 South Eastern Freeway crash, following an expert report that shows nothing could have stopped his truck’s fatal descent.
Darren Michael Hicks left the District Court on Wednesday a free man after prosecutors formally tendered no evidence against him.
The capitulation brings four years of criminal proceedings to an end — but likely signals the beginning of numerous civil claims and wrongful death lawsuits.
Mr Hicks’ freedom was secured by a report — revealed by The Advertiser last August — showing his truck’s brakes were faulty, and that neither he nor his employers knew.
Outside court, Mr Hicks’ lawyer, Mark Twiggs, said the possibility of civil court actions meant his client could not comment on his matter.
“There are several matters where he will be required to give evidence … he has asked me to say he is relieved the matter is finally finished,” he said.
“This was a shocking accident that should not have occurred, and nothing will replace lives lost or the persons who suffered serious injuries.
“Mr Hicks has always maintained his innocence, and what has occurred today has confirmed his belief.”
In a statement, Director of Public Prosecutions Adam Kimber SC said the decision to withdraw the charges was based on evidence in the case.
“In recent times the evidence available to the prosecution, and the inferences open to be drawn from that evidence, changed … this was so in more than one respect,” he said.
“As a consequence, I was obliged to reconsider whether there was a reasonable prospect of conviction.
“Having done so, I concluded that there was no longer a reasonable prospect of conviction.
“That conclusion having being reached, continuation of the prosecution was no longer appropriate.”
Mr Hicks, 32, had pleaded not guilty to two counts of causing death, and one count of causing serious harm, by dangerous driving.
He had further denied two counts of driving without due care, and was due to stand trial next week.
Mr Hicks was behind the wheel of a Cleanaway sewage truck that slammed into cars at the bottom of the South Eastern Freeway on August 18, 2014.
Tom Spiess, 56, and Jacqui Byrne, 41, died as a result of the injuries they sustained, while other motorists were seriously hurt.
A coronial inquest subsequently heard Mr Hicks’ truck was out of control and travelling at 151km/h in the final 190m before impacting with their cars.
It also heard Mr Hicks had only been working for Cleanaway — then known as Transpacific — for a week prior to the crash.
Mr Hicks lost his leg in the accident — and has since taken up para-cycling, with hopes of now going to Tokyo for the Paralympics.
In August 2017, The Advertiser revealed SA Police had dropped charges that Cleanaway had allowed an unsafe vehicle on the roads.
Police accepted expert evidence that the company did not know the truck’s brakes were faulty because the business to which it outsourced maintenance had not made it aware.
Despite that evidence, the Office of the Director of Public Prosecutions continued to pursue Mr Hicks over the incident, claiming he had “overheated” and “worn out” the brakes.
Throughout the court case, Mr Hicks was supported by Mr Spiess’ wife, Jan, and she attended court by his side on Wednesday.
In court, prosecutor Chris Edge said the case would not be pursued.
“I formally tender no evidence on all charges, and ask the trial date be vacated,” he said.
Judge Geraldine Davison dismissed the charges, released Mr Hicks from his bail obligations and told him he was free to go.
Outside court, Mr Twiggs said his client was extremely grateful for Mrs Spiess’ support.
“He and I have full admiration for her … she is a wonderful person,” he said.
Home invaders steal, then crash, Mercedes
A luxury Mercedes sedan has been stolen by a man and woman during a violent home invasion at Kurralta Park.
It’s official: Notorious child predator to stay locked up
A notorious serial kidnapper and child predator has finally had his bid for release into the community denied after a two-year legal and political battle.