Emotional family members lash out at jury as verdict delivered in Alldridge road death case

In an emotionally-charged conclusion to the three-day trial, family members turned their anger to the jury, spraying them with expletives before storming out of the courtroom.

John Alldridge, Warwick

UPDATE 4PM: The man accused of dangerous driving causing the death of John Edwin Alldridge has been found not guilty.

The seven-woman, five-man jury had deliberated for a little over two hours before reaching their decision Thursday afternoon.

In emotionally-charged scenes in the courtroom, family members turned their anger to the jury, spraying them with expletives before storming out of the Warwick Courthouse.

Garth Nathan Merkle left the Warwick District Court with police escort at the finalisation of the matter.

The court heard Mr Merkle struck Mr Alldridge with his car as the elderly pedestrian made his way across Wood St in February 2017.

He died at the scene.

A recording played to the jury showed Mr Merkle telling police shortly after the collision that he didn’t see Mr Alldridge.

“I was coming down and I didn’t see him.. next thing I know I have hit something,” he said.

“I heard a thud and looked to the side mirror and couldn’t see anything. I looked in the back mirror and old mate is lying on the ground.

“I never f----- thought this would happen to me.”

An earlier trial in 2019 ended with a hung jury.

EARLIER: A jury has retired to consider its verdict over the death of Warwick man John Alldridge, who died on the side of the road after being struck by a car in 2017.

Garth Nathan Merkle is charged with dangerous driving causing death after his black Jeep Cherokee struck Mr Alldridge as he crossed Wood St, near the intersection with Wantley St.

He has pleaded not guilty.

The three-day trial has heard evidence from a range of witnesses, including four people in two cars who reported almost hitting the 75-year-old just moments before he was struck by Mr Merkle’s vehicle.

Mr Merkle told police he simply didn’t see Mr Alldridge.

The Crown claims Mr Merkle’s driving was dangerous as he wasn’t keeping a proper lookout.

Defence barrister David Jones said other motorists reported having to take evasive action to avoid hitting Mr Alldridge, despite having the benefit of a second set of headlights and a passenger to assist with watching the road.

One witness said he was just “two to three feet” from striking Mr Alldridge just moments before he was struck by Mr Merkle’s car.

“How can they say (Mr Merkle) wasn’t keeping a proper lookout when the other witnesses had the same difficulty seeing him and when they had an advantage?” he said.

(One witness) just missed him ...if he’d hit him, would he be in the dock?

“He only just missed him and he was in a better position.”

Mr Jones told the jury his client was not doing anything dangerous and the Crown was expecting “hyper vigilance” from all drivers.

He added the 75-year-old’s bent-over posture, “shuffling” gait, and clothing would have made him “camouflage” with his surroundings and made him harder to see.

“If there’s one thing worse than a guilty man walking, that’s an innocent man being the victim,” Mr Jones said.

“You have three separate cars, three separate families - there’s no suggestion they all got their heads together, but they’re all saying the same thing.”

“All the witnesses saw Mr Merkle’s car coming down the road, but they didn’t notice his car because he was driving in a dangerous way.”

“Their senses were heightened because of the dangerous situation of a pedestrian walking on the road without taking any measures that were consistent with self-preservation.

“In this case here, the prosecution’s evidence is that at 25m at low-beam, Mr Merkle’s (head) lights were worth next to nothing.”

Warwick police Senior Constable Matthew Pike gave evidence that his testing at the scene showed there was sufficient lighting in the area at the time Mr Alldridge was killed, despite all witnesses saying it seemed darker than usual.

Mr Jones said the light testing was scientifically invalid and should be “scrunched up and thrown in the bin”, after expert witness George Rechnitzer said the sensor of the testing tool was pointed at the sky, instead of the correct method for measuring such light by sitting on the ground and pointing horizontally.

Dr Rechnitzer said the testing performed offered no valuable insight into Mr Merkle’s vision that evening and was inconsistent with eyewitness testimony.

Crown Prosecutor Steven Dickson told the jury Mr Merkle took no evasive action to avoid hitting Mr Alldridge.

“How can you just not see someone who walks directly across your path?” he said.

“If you keep a proper lookout, you see someone who walks directly in front of your car.

“This is not a case where the defendant saw John late and slammed on his brakes or attempted to swerve.

“He just didn't see him. The only logical conclusion you can come to is the defendant wasn’t paying attention.”

The court was told neither Mr Merkle nor Mr Alldridge were affected by alcohol or illicit drugs at the time of the collision.

Dangerous driving causing death carries a maximum sentence of up to 14 years’ jail.