Michael Knowler: WA truck driver blames brakes for double fatality near Ballarat

A truck driver’s lawyer says faulty brakes led to a horrific collision that killed a mother, her son and their family dog near Ballarat.

Jessica West, 37, her five-year-old son, Deighton, and their family dog died the fatality near Ballarat.

The lawyer of a Perth truck driver says faulty brakes led to the horrific collision near Ballarat that killed a Central Victorian mother and son in 2019.

Michael Knowler, 60, faced the Victorian County Court for a further hearing on Monday after he pleaded guilty to a string of culpable driving and dangerous driving charges in February.

Knowler’s prime mover ploughed into a Bendigo family’s car in December 2019, killing Jessica West, 37, and her son, Deighton, 5 and their family dog at an intersection in Kingston.

The court earlier heard Knowler hadn’t had drugs or alcohol but was distracted by his GPS system on his phone.

In his submissions to the court, Knowler’s lawyer said the truck’s brake capacity was only at 70 per cent and may have contributed to the collision.

Expert witness Dr Shane Richardson said the brakes were “sub-optimal”.

“The vehicles front brakes were only working at a capacity of 71 per cent which is a sub-optimal performance,” Dr Richardson.

“If the brakes were working properly, the collision could have been avoided.”

The court heard the truck did not belong to Knowler.

The defence also submitted evidence from Hepburn Shire Council which argued visibility at the intersection was poor.

Council’s analysis said the Church Parade intersection had large established trees and multiple crests of elevation which made visibility poor for unfamiliar drivers.

“The crest can leave unfamiliar motorists unaware of the presence of other traffic, and it gives the impression that Church Parade is a through road that heads further west,” Adam Sewell from Hepburn Shire Council said.

Prosecutor Sharn Coombes conceded the condition of the intersection did play a role in the tragic incident.

But she argued the brakes were not to blame.

“There were no other mechanical faults in the car that would have impacted the vehicles ability to stop safely,” Ms Coombes said.

Mr Knowler has been in custody.

His hearing was adjourned for sentencing at a later date.