Rian Strathadee death: Allan Dyson’s legal team bids for fatal hit and run case to be discharged

A truckie who allegedly was involved in a deadly hit and run collision almost two decades ago, which killed a six-year-old boy, has called on the court to have the case thrown out.

Allan Dyson was extradited from Queensland to NSW and charged with a number of offences. Picture : ABC News

A truckie who prosecutors claim had a friend repair his truck after he was allegedly involved in an deadly hit and run has asked the court to throw his case out.

Allan Michael Dyson, 59, was arrested in his home state of Queensland and extradited to Sydney in October almost two decades after a six-year-old was killed when his parents’ vehicle was hit by a truck while travelling along the Hume Hwy at Sutton Forest.

Prosecutors allege Dyson was behind the wheel of the prime mover when it rear-ended the Strathadee family’s Subaru station wagon on the evening of November 6, 2004, causing the car to roll several times and plunge 40m down an embankment into an adjoining paddock.

Rian Strathadee, aged just six, died at the scene and two other passengers were badly injured.

Dyson was charged with dangerous driving occasioning death, dangerous driving occasioning grievous bodily harm, and three counts of causing bodily harm by misconduct.

Rian Strathdee.

He remains in custody and appeared via video link at Moss Vale Local Court on Monday where his defence team supplied written submissions for the case to be discharged.

The request was made under legislation that allows a magistrate to adjourn or discharge a matter if a charge certificate was not filed six months after the first court date.

Allan Michael Dyson. Picture: ABC News

A representative for the Director of Public Prosecutions said the solicitor in charge of the case had unexpectedly been taken severely ill, was hospitalised and needed two weeks off for work.

“It’s a matter involving a collision where a truck has rear ended a passenger vehicle .. a six-year-old boy tragically died,” she said. “The crown’s case is that …[Mr Dyson] left the scene had a friend do some repairs and subsequently left.”

Michael Doughty, who appeared on behalf of Mr Dyson, said if the solicitor had been taken ill two weeks earlier they should have been notified.

Magistrate David Degnan decided to adjourn the matter for two weeks to allow the DPP to certify the charges.

“This is far too complex to hand over to someone even with a couple of weeks notice,” he said.

Mr Degnan noted the defence had “reluctantly” agreed to the adjournment and the case was set down for May 1.