Mitchell Deane Franklin apologises in court for fatal crash but denies he was watching a wrestling DVD while driving
A DRIVER has tearfully apologised for a fatal crash and conceded he should have been more vigilant, but denied he was distracted at the time by a wrestling DVD.
A DRIVER has tearfully apologised for a fatal crash and conceded he should have been more vigilant, but denied he was distracted at the time by a wrestling DVD.
On Thursday, Mitchell Deane Franklin wept in the District Court witness box as he defended himself against allegations he killed Harvie Spencer, 86, in June 2013.
In front of the jury and over the objections of prosecutors, he apologised to Mr Spencer’s family, who were sitting in the public gallery.
As he began to speak, one woman stood up, said “I’m not listening” and left the courtroom.
“I would like to say I’m sorry because I’ve never had the opportunity to ... it’s something I’ve wanted to do since the moment it happened,” Franklin said.
“I didn’t mean for it to happen.”
Franklin, 28, of Andrews Farm, pleaded not guilty to causing death and harm by dangerous driving, and to driving while a television receiver was operating.
Prosecutors have alleged he drove his ute into the rear of Mr Spencer’s sedan, which was lawfully stationary as it prepared to make a right-hand turn off the Augusta Highway.
They have further alleged he had 10 seconds to avoid the crash but was distracted by an in-car DVD player showing WWE’s SmackDown: No Way Out event.
On Thursday, Franklin told jurors he had been concentrating on his speed, vehicles behind him and trucks ahead of him, not the DVD, prior to the crash.
“I registered the vehicle (driven by Mr Spencer) moments before the collision ... I yelled out ‘f**k’ ... I don’t know if I had time to swerve or if that would’ve helped.”
He said that, after seeing Mr Spencer in the car, he “collapsed in a ball, in tears” and later called his wife “to say that I had killed someone”.
In cross-examination, prosecutor Michael Foundas suggested Franklin had “expressed remorse” but not “taken responsibility”.
He suggested it would be “ridiculous” to claim anything other than the wrestling DVD was responsible for Franklin’s gross inattention.
“I was not being as vigilant as I could have been (but) no, I was not watching the DVD,” Franklin replied.
The trial, before Judge Paul Muscat and a jury, continues.