Andrew Peter Franklin manslaughter charge: Driver to give evidence over North Entrance Cade Shiells, Kevin Stokes deaths

The driver of a ute at the scene of a double fatality in North Entrance has been called to give evidence in the manslaughter case of Andrew Franklin.

The driver of the ute at the scene of a double fatality in North Entrance in 2018 has been called to give evidence over the manslaughter charge faced by Andrew Peter Franklin.

Mr Franklin’s matter returned to Wyong Local Court on Tuesday before Magistrate Elizabeth Ellis with Mr Franklin yet to enter a plea to the charge.

Mr Franklin, who was not required to attend the court, is facing one charge of manslaughter following the deaths of promising chef Cade Shiells, 26, and Kevin Stokes, 46.

Andrew Peter Franklin, 33, of The Entrance, leaving Wyong Local Court. Picture: supplied

The two men were hit by a Toyota HiLux on Wilfred Barrett Drive at North Entrance shortly after midnight on July 8, 2018.

Mr Shiells died at the scene while Mr Stokes died a few days later at John Hunter Hospital.

The ute driver, Damien Robert Seaman, was cleared of charges including dangerous driving occasioning death and grievous bodily harm; causing harm by misconduct behind the wheel and negligent driving causing death and grievous bodily harm.

However, he received a fine for one count of negligent driving, not causing death or injury.

The Crown prosecutor told the court that they had been trying to contact Mr Seaman and made an application for him to be called to give evidence over the manslaughter charge.

He said the Crown case states there was a fight in the middle of the road and “as a result” the group of three men were in the pathway of the ute.

“The Crown is of the view that the driver should give that evidence,” the Crown prosecutor stated.

Police will allege in court that Mr Franklin and his father-in-law Mr Stokes were fighting with Mr Shiells in the middle of the road at the time.

Charge sheets tendered in court allege Mr Franklin’s involvement in the alleged fight contributed to Mr Shiells’ death in the form of manslaughter.

Magistrate Ellis gave orders for Mr Seaman to give evidence on July 29 2022 prior to Mr Franklin entering a plea.