Diss man accused of causing death by careless driving gives evidence at Norwich Crown Court

Andrew Oakley. Andrew Oakley.

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Friday, December 6, 2013
6:35 AM

A man accused of causing death by careless driving claims he was parked in a driveway and stationary when a van ploughed into him resulting in the death of one of its passengers, a court has heard.

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Sixteen-year-old Andrew Oakley died following a crash on the B1077 at Winfarthing, near Diss, on December 29 last year.

Mr Oakley, of Sunnyside, Diss, was a passenger in the rear of a Renault Kangoo van that was involved in a collision with a transit tipper truck at about 3.40pm.

Norwich Crown Court has heard the vehicle containing Mr Oakley was travelling along the B1077 towards Diss while the tipper, which was heading in the opposite direction, was making a right turn into a driveway at the point of the collision. But Jason Shaw, the driver of the truck who has denied causing death by careless driving, yesterday gave evidence at the start of his defence case which argues that, having completed the turn he was stationary in a drive and was struck by the van which had lost control after its driver, Bradley Tennens, went into a panic and pulled on the handbrake.

Shaw, 28, of Shelfanger Road, Diss said: “I pulled into the drive, applied my handbrake in the drive. I was stationary in the drive. Next moment I heard a bang, looked through my driver side mirror and saw a white van spinning in the road and a girl fell out.”

Shaw told the jury of seven men and five women everything “happened so fast” but insisted he had been stopped for about 30 seconds.

Chris Youell, prosecuting, said: “How has the van managed to hit you if you were pulled all the way into the driveway?”

Shaw replied: “Can’t tell you.”

Mr Youell said: “That’s because it didn’t happen like that, did it?”

Shaw said: “It did. I was stationary in the driveway.”

Mr Youell said: “It’s just ploughed off the road and into your tipper truck?”

Shaw replied: “That’s what it seems like.”

He added: “As far as I can tell he must have lost control before he hit me.”

The court has previously heard that Mr Tennens was driving to Diss with his pregnant girlfriend in the front and the victim and another friend in the rear.

None of the passengers were wearing seatbelts.

Mr Tennens said he had not been aware of the tipper truck until it came out from behind a horse box and “cut straight across my path” prompting him to slam on his brakes and handbrake in an effort to do “everything he could” to stop.

But Jonathan Goodman, defending, said Mr Tennens “sufficient time” to come to a “normal controlled stop” but went into a panic and pulled on the handbrake which put the vehicle out of control.

The trial continues.

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