Maintenance company tells court it warned Cleanaway truck ‘should not be driven’ 25 days before horror 2014 South East Freeway smash
The truck that caused the horror 2014 South Eastern Freeway smash should not have been on the road, its maintenance crew has told a court — and it says the vehicle’s owners knew it, despite their claims.
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The owners of the truck that caused the horror 2014 South Eastern Freeway crash were warned its brakes were faulty 25 days before the fatal incident, court documents assert.
Adelaide Heavy Diesel has told the District Court it recommended the truck should “not be driven” — instead, the following month, it hurtled down the Freeway at 151km/h and killed two people.
In 2017 and 2018, all criminal charges against the truck’s driver, Darren Hicks, and its owner, Cleanaway, were dropped after the company argued AHD did not inform it of the fault.
However, in its defence to separate lawsuits filed by the victims’ families, AHD — which performed maintenance for Cleanaway “from time to time” — says it advised the brakes needed to be fixed.
“On 23 July, 2014, AHD advised Mr Hicks and/or Cleanaway that maintenance was required on the brakes of the truck,” it asserts.
“ (AHD employee) Shane Schultz delivered the truck to Cleanaway’s premises and advised the truck should not be driven until the brakes were fixed.
“Cleanaway did not, at any time, authorise the mechanical repair works to the brakes on the truck as recommended by AHD.
“Nor did it return the truck to AHD for the purpose of carrying out the recommended repairs.”
On August 18, 2014, the truck slammed into cars at the bottom of the freeway while Mr Hicks was behind the wheel.
Jacqui Byrne, 41, and Tom Spiess, 56, were killed, Mr Hicks’ right leg was almost severed and Louise Compton suffered spine, head, brain, lung, torso and psychiatric injuries.
Both Mr Hicks and Cleanaway were charged but, in August 2017, the case against the company was dropped.
At the time, the court heard expert evidence asserted Cleanaway did not know the truck’s brakes were faulty because AHD had not made it aware of the problem.
Cleanaway is still being prosecuted by federal authorities for allegedly failing to adequately train Mr Hicks for emergency situations.
In December last year, prosecutors dropped all charges against Mr Hicks, who was supported by Mr Spiess’s wife, Jan, throughout his time in the courts.
He had pleaded not guilty to charges of causing death by dangerous driving and maintained his innocence throughout his prosecution.
Mrs Compton, her husband Geraint, and Ms Byrne’s father, mother, daughter and two sons are suing Mr Hicks, Cleanaway and AHD in the District Court for unspecified damages.
Mrs Spiess has also filed a claim, however the court has subsequently been told her matter has settled.
Mr Hicks and Cleanaway are yet to file defence papers to the claims, or respond to AHD’s assertions.
In its defence papers, AHD says it cannot be held liable for the crash.
“AHD denies it was responsible for the maintenance of the truck, and says responsibility rested with Cleanaway as owner and operator of the truck,” it says.
“AHD had no written contract with Cleanaway — rather, Cleanaway from time-to-time requested AHD conduct maintenance and necessary repairs on its vehicles.
“Under no circumstances was AHD permitted to undertake work for Cleanaway where that work had not been pre-approved.”
The lawsuits return to court in January.