Truck driver Daniel Barry voice messages probed over death of cyclist Daryl Adams

A dangerously tired truck driver sent voice messages after killing a cyclist that could now play an important role in deciding his fate.

Daryl Adams destroyed on the side of Princes Highway after the fatal crash. Picture: 7 News

A truck driver who killed a Victorian man on a Tour Down Under cycling trip has been remanded in custody as lawyers debate whether they can use voice messages revealing he was a potential danger on the road as evidence.

Daniel Barry was driving his usual milk run through the South East to Adelaide and back again when he killed cyclist Daryl Adams on a long stretch of rural road.

He was found guilty at trial of causing death by dangerous driving over the crash on the morning of January 17, 2019 and also leaving the scene of an accident after causing death.

But evidence which was ruled inadmissable before the trial could play a crucial role in the sentencing process for Barry.

Judge Stephen McEwen heard during pre-trial hearings in Mount Gambier that Barry had sent voice messages to an associate six weeks before the crash saying he was dangerously tired while driving and had not been sleeping well.

On Friday, Judge McEwen asked both the prosecutor and Barry’s lawyer to consider whether he should have regard to the messages during sentencing.

Cyclist Daryl Adams who was hit and killed by a truck in 2019.

Barry’s lawyer said his client had been listening to loud music in his cabin when he hit Mr Adams on the Princes Highway at the Coorong.

He maintained that Barry only had an “inkling” that he might have hit someone but became alarmed when he turned the radio back on closer to Adelaide and heard of the crash.

Judge McEwen said he did not accept the submission that Barry had not been aware at all that he had hit Mr Adams.

Barry’s lawyer said his client might need to be called to give evidence on his version of the circumstances of the crash.

But prosecutor Kos Lesses said that Barry could “rest assured” that he would be cross-examined on the earlier voice messages about his fatigue levels.

During the trial expert major crash witnesses said that Mr Adams had been cycling close to the white line on the side of the road when he had been hit.

Truck driver Daniel Barry.

The 60-year-old had been on a cycling holiday with his friend Peter Little and was 40km from Kingston SE when he was hit.

The force of the impact broke his expensive bike into three pieces and sent Mr Adams more than 60m before he came to rest off the road. He died at the scene.

Hours after the crash Barry told his boss that he was the one who killed the cyclist.

The boss told him to call police. Phone records showed that Barry called the owner of the truck and said, “You’ve got to get a new driver, I’m going to jail, I think I’ve killed someone.”

At 4.44pm he called police.

“I’m the person who hit the cyclist this morning,” he said.

“I didn’t know I got him, I didn’t even hear nothing. It was early in the morning I had my music going, I didn’t even know I got anything, I didn’t see him or nothing.”

Barry was arrested by major crash officers and charged with causing death by dangerous driving as well as driving without due care.

Barry was remanded in custody on Friday with Mr Lesses arguing that a term of imprisonment was “inevitable”.