Mitchell Deane Franklin killed a man, 86, by dangerous driving because he was distracted by wrestling DVD, SA court trial told
A DRIVER had 10 seconds to avoid a fatal rear-end crash but failed to do so because his attention was focused on a wrestling DVD playing in his car, a court has heard.
A DRIVER had 10 seconds to avoid a fatal rear-end crash but failed to do so because his attention was focused on a wrestling DVD playing in his car, a court has heard.
In the District Court on Monday, Mitchell Deane Franklin was accused of being more interested in WWE’s No Way Out event than he was the safety of fellow road users.
Jurors were told Harvie Spencer, 86, would have lived — and Franklin’s passenger would not have suffered a broken jaw — had the security guard been watching where he was going.
Michael Foundas, prosecuting, said Franklin’s crime was that of simple, yet gross, inattention.
“He did not brake, he did not swerve, he did not reduce his speed — in short, he took no evasive action whatsoever,” he said.
“His attention on the road was so grossly defective he failed to see the vehicle that was plainly in front of him when he had ample opportunity to do so.
“There was simply no justifiable reason why Franklin did not see Mr Spencer’s vehicle before the collision.”
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.
Opening the trial on Monday, Mr Foundas said the fatal crash occurred in the Adelaide-bound lane of the Augusta Highway on June 23, 2013.
He said Franklin was driving a twin-cab ute with one front-seat passenger, one rear-seat passenger and a DVD player installed in its front centre console.
He said Mr Spencer’s sedan was stationary, with its indicator on, waiting to turn right across the highway and into Old Port Germein Rd.
“Franklin was returning to Adelaide from Roxby Downs, where he had spent the weekend working as a security officer,” he said.
“The DVD player was in the centre console, and it was playing a wrestling DVD (called) SmackDown: No Way Out ... it was visible from the driver’s seat.”
Mr Foundas said both of Franklin’s passengers would give evidence that they were using their phones immediately before the crash.
He said they would give evidence that, at the same time, Franklin himself was talking to them about the action being shown by the DVD player.
“They only knew there had been a collision at the point of impact ... they were not forewarned by any braking, swerving or any action on the part of Franklin,” he said.
Mr Foundas said that, driving at the 110km/h speed limit, Franklin would have had 10.14 seconds to see Mr Spencer’s stationary vehicle and take action to avoid the crash.
He said the occupants of the motorhome travelling behind Franklin, the car behind it and a vehicle travelling in the opposite direction all clearly saw Mr Spencer’s sedan.
“This is not a case where drugs or alcohol play a part, nor excessive speed or drag-racing ... the DVD player may well be the reason for his gross inattention,” he said.
The trial, before Judge Paul Muscat and a jury of five men and seven women, continues.