Lawyers look to query officer over truck death crash charge

THE solicitors representing a Buddina man who allegedly had drugs in his system when he was driving a truck that smashed into a guardrail, killing his workmate, have questioned why police claim the act was classed as dangerous driving.

Andrew Bail, who represented Dimitrios Boubaris in Maroochydore Magistrates Court on Tuesday during a directions hearing, requested a police officer be cross-examined to determine why a charge of dangerous driving causing death was laid against his client.

Mr Boubaris was at the wheel of a concrete-pumping truck in June last year when the vehicle veered off the Bruce Hwy, just south of Johnson Rd near Beerwah, and slammed into a guardrail.

It was reported at the time the heavy truck flipped several times, killing a trapped workmate, Ash Martinali.

Mr Bail has requested the right to cross-examine the police officer who referred to the condition of the highway in his crash report.

Specifically, Mr Bail has requested the police officer be questioned on 44 photographs from the crash scene, some of which show gouge marks in the highway.

Mr Bail is also seeking more information on the road and its shoulders.

But police prosecutor Tania FitzGerald said the facts were clear.

"The defendant has moved to the left, crossed the white lines, hit a guard rail while amphetamines were in his system ... and his passenger has died as a result of the crash," Sgt FitzGerald told the court.

Magistrate Bernadette Callaghan requested that Mr Bail gather more information about the specific photographs and information he required from the stack of images before the case was revisited on November 1.

"It would be an injustice for this matter to go further without the defendant knowing what is alleged against him," Ms Callaghan said.



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