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Hawkins Creek school bus driver John Harris back in Ingham Magistrates Court

The basis of criminal charges against a school bus driver after a high-profile crash in North Queensland have been revealed for the first time.

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The basis of criminal charges laid against a school bus driver after a high-profile accident with another vehicle on a single-lane bridge have been revealed in a North Queensland court for the first time.

Bus driver John Reginald Harris, in his early 70s, has signalled his intention to plead not guilty to charges of alleged dangerous operation of a vehicle resulting in grievous bodily harm and failing to obey a give-way sign on Hawkins Creek Road, Hinchinbrook, on September 7 last year.

Defence barrister Alastair McDougall, instructed by Darren Robinson Keir Steele Waldon Lawyers, outlined the uncontested facts of the case before Magistrate Peter Smid during a preliminary directions hearing in the Ingham Magistrates Court on Friday.

He said the Trans North bus driven by Harris was travelling west passed a give-way sign on the approach to the bridge over Dalrymple Creek, colliding head-on with a utility vehicle driven by 54-year-old Phillip Spina.

Mr Spina suffered serious injuries but survived the nasty crash, which claimed the life of his dog.

The scene not long after of the nasty accident. Photograph: Cameron Bates
The scene not long after of the nasty accident. Photograph: Cameron Bates

Harris and three siblings on the bus were incredibly uninjured in the accident, which Mr McDougall said occurred at a combined speed of 140 kilometres an hour.

“Fortunately for both parties, the whole thing was captured on the dash-cam of the utility.”

Mr McDougall said the footage captured the lead-up to and moment of impact.

“It’s apparent that the driver of the utility did not see the bus and it would be apparent to a jury … that the bus wouldn’t have seen the utility until a late moment.”

The scene not long after of the nasty accident. Photograph: Cameron Bates
The scene not long after of the nasty accident. Photograph: Cameron Bates

He also contended at a later point in time during the 30-minute hearing that his client similarly did not see the utility vehicle.

He said factors would have included the early time of day, just after 7.10am, when the bridge was covered in shade.

The scene not long after of the nasty accident. Photograph: Cameron Bates
The scene not long after of the nasty accident. Photograph: Cameron Bates

Police prosecutor Emily Olditch objected to Mr McDougall’s assertions that the bridge was “heavily darkened”, saying the dash-cam footage spoke for itself.

Magistrate Smid said the footage would be central to the eventual outcome of the case, to which Mr McDoughall agreed.

Magistrate Smid ultimately declined to allow the defence application for the cross examination of the investigating Queensland Police officer.

The scene not long after of the nasty accident. Photograph: Cameron Bates
The scene not long after of the nasty accident. Photograph: Cameron Bates

Mr McDoughall then indicated that the defence had lodged a “no-case submission” on the charge of dangerous driving.

Magistrate Smid noted the sensitivities surrounding the case.

“It’s unfortunate when there’s no ‘hooning behaviour’ involved and an accident happens for whoever is at fault or anyone, it’s unfortunate.”

Former Trans North bus driver John Reginald Harris with defence lawyer Darren Robinson from Keir Steele Waldon Lawyers outside the Ingham Magistrates Court. Picture: Cameron Bates
Former Trans North bus driver John Reginald Harris with defence lawyer Darren Robinson from Keir Steele Waldon Lawyers outside the Ingham Magistrates Court. Picture: Cameron Bates

The case was adjourned till December 16.

Originally published as Hawkins Creek school bus driver John Harris back in Ingham Magistrates Court

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Original URL: https://www.goldcoastbulletin.com.au/news/queensland/hawkins-creek-school-bus-driver-john-harris-back-in-ingham-magistrates-court/news-story/11644cdbf1dfd41b9cc8eca8436aebf0