A truck driver charged with causing a horrific crash that killed a six-year-old boy “gloated” about the collision over his CB radio after he failed to stop, a court has heard.
Allan Michael Dyson, 59, appeared via videolink in Sydney Downing Centre Local Court on Wednesday to make a bid for bail after being charged with dangerous driving occasioning death, dangerous driving occasioning grievous bodily harm, and three counts of causing bodily harm by misconduct.
Police allege he was behind the wheel of a truck when it collided with a station wagon near Sutton Forest and killed Rian Strathadee on November 6, 2004.
The primary school student had been sitting in the back seat of the vehicle with his family when it was hit by a truck driven by Mr Dyson at 9.40pm, police allege.
The impact caused the car to roll several times and slide 40m down the ridge of the road.
Rian, 6, died at the scene and two of his family members were hospitalised for injuries sustained in the devastating crash. The driver of the station wagon also suffered extensive cuts and bruising.
Police claim Mr Dyson, then 42 years old, did not stop to render help after the collision.
“Rather than stopping and rendering assistance, the applicant sees it fit to get on the CB radio and gloat,” police prosecutor Kerry-Ann McKinnon told the court.
The truck driver allegedly made “callous remarks” about the deadly crash which were heard by two witnesses.
The sergeant told the court the police would be relying on a number of lawfully intercepted telephone calls to prove their case.
“Not only do we say that he puts himself in the driver’s seat that day (during the tapped calls) but we say he makes admissions to the offences,” she said.
During an intercepted phone call, police allege Mr Dyson made damning statements about the police case against him.
“Yeah they’ve got their facts pretty much right …. I’d say they’ll lock me up pretty much straight away,” he allegedly said in a phone call to a friend.
“Someone obviously stirred them up, yeah someone dobbed me in.”
Sergeant McKinnon said there could be “no denying” that Mr Dyson was the driver of the truck that killed six-year-old Rian and injured his family members.
“Anyhow, like I said, I did it,” the truck driver allegedly said in a phone call heard by police, the court was told.
“I could have stopped really, I could have.”
Just hours after the crash near the Southern Highlands, the court heard he was in the company of another man who helped him fix the damage to the truck from the fatal collision.
The court was told Mr Dyson tried to cover his tracks and attempted to get loved ones to stay quiet.
Magistrate Rami Attia told the court the truck driver appeared to have thought carefully about who might have turned him over to police. He agreed with the prosecution argument that releasing Mr Dyson on bail would risk endangering the witnesses in the crash case.
The court heard the truck driver had also made a comment to his partner about running away during an intercepted phone call.
“The defendant was allegedly looking to relocate by stealth to the Northern Territory … it is a risk that is real,” Mr Attia told the court.
However, Mr Dyson’s lawyer Kiki Kyriacou argued it was a “throwaway line” rather than a serious statement.
He said his client would be “effectively under house arrest” if he were released on bail and would be reporting to police every day to eliminate the risk of flight. The court heard Mr Dyson needed to be at home to care for his family, including a chronically ill child.
Mr Kyriacou said there was doubt about his client’s involvement in the fatal collision.
“There are questions at play here about … who was at fault here,” he said.
“It’s not an open and shut case.”
Magistrate Attia determined releasing Mr Dyson would pose an unacceptable risk of witness tampering or him fleeing from the criminal justice system.
The truck driver will remain behind bars on remand until December 15 when his matter returns to court.
He has not entered any pleas to the five charges.
Originally published as Truck driver accused of ‘gloating’ after alleged hit and run that killed six-year-old boy
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