Malcolm Lindsay Swansson and his company fined $91,000 for 2022 South Eastern Freeway crash, truck brakes ‘fixed with duct tape’

Stunning details have emerged as to why a truck wiped out nine people at the bottom of the South Eastern Freeway – including a grossly botched repair job.

A key component of the braking system on the truck that caused the 2022 South Eastern Freeway crash was fixed in place with duct tape, a court has revealed.

The Adelaide Magistrates Court has also revealed the truck’s driver had travelled 756km on just 40 minutes’ rest prior to the impact, which destroyed cars and injured nine people.

That driver, Phillip Ross Hicks, is awaiting trial on dangerous driving charges – but on Friday, the truck’s owners were penalised for breaching national safety regulations.

Malcolm Lindsay Swansson and his company, Malandy Pty Ltd, were convicted and fined $91,000 for multiple failures of their duty to other road users.

In sentencing, Magistrate Ben Sale said Mr Swansson had replaced the truck’s brakes two days before the crash.

“The vehicle’s brake control unit was fixed (to it) with duct tape, not screwed in place … later analysis showed excessive overheating of the brakes on all axles,” he said.

“The brakes were for trucks weighing up to 4.5 tonnes, while the vehicle weighed 5 tonnes, and they had not been tested at high speed.

“The journey was 736km, meaning the driver was legally required to rest for no less than 60 minutes … his total rest, at the time of the crash, was 40 minutes.

“I have watched footage of the crash … the shocking nature of that footage is only exceeded by my shock that no one was killed.”

Emergency crews attend the crash. Picture: Keryn Stevens

Mr Swansson and the company pleaded guilty to one count each of having failed to comply with their statutory duties.

The charges arose from investigations into the July 2022 crash, which saw nine people hospitalised after a truck “came flying” through the tollgate intersection.

Five people had to be cut free from their vehicles by teams of emergency workers.

SA Police subsequently alleged a Mitsubishi truck towing a trailer was unable to stop as it entered the intersection of Cross Rd.

They alleged the truck driver travelled along the freeway down track before it crashed into a number of stationery cars, while still moving itself.

Truck’s driver Mr Hicks, 60, of Forest Glen in Queensland, has pleaded not guilty to one count of endangering life and nine counts of causing harm by dangerous driving.

Mr Hicks, who police allege was not authorised to drive such a truck, also pleaded not guilty to one count of failing to use a low gear – he will next face court in August.

In sentencing Mr Swansson and Malandy on Friday, Mr Sale said the owner was the truck’s usual driver.

However, he had opted not to drive the truck to Adelaide because he had only recently completed a trip to Victoria, and so would have had insufficient rest.

“There’s a mirthless irony that, in seeking to comply with the requirements of the law, you created these circumstances,” he told Mr Swansson.

Nine people were injured in the crash. Picture: Keryn Stevens

He said Mr Hicks was a friend of Ms Swansson’s who had “volunteered” to drive, and been permitted to do so without checks being made of his licence.

Ms Sale said Mr Hicks’ licence to drive a truck had expired the month before the crash.

“I accept you are devastated by, and deeply remorseful for, your failures,” he told Mr Swansson, who appeared in court by phone from interstate.

“I'm sure part of your feelings of guilt stem from knowing that it could have been you (driving the truck).

“I also accept that there’s no prospect of you offending in a similar manner again, as you are no longer involved with heavy vehicles.”

He ordered Mr Swansson and the company also pay $1260 in prosecution costs.

Outside court, National Heavy Vehicle Regulator Executive Director Ray Hassall said the case should remind heavy vehicle operators to take their safety responsibilities seriously.

“It’s imperative that operators understand their obligation to keep their drivers, and importantly all road users, safe on the South Eastern Freeway,” he said.

“In this incident, we’ve seen a heavy vehicle lose control, skid and roll into oncoming traffic at the intersection.

“This case strongly reminds us of the reasons for the robust safety and operational standards within the heavy vehicle industry.”