September 2, 2008 Melbourne, AUS
The trailer of the truck alleged to have caused the horrific smash in the Burnley Tunnel last year was unroadworthy with only half of its brakes working, a court heard today.
Laurence Hocking, a brake tester with 30 years' experience, told the Melbourne Magistrates Court that when he conducted tests on the McCain refrigerator trailer, he found it was not up to registration standards.
"Of the six brakes on the trailer, only three were operating at all,'' he said.
But he said the braking capability of the truck just passed minimum standards by 2.2 per cent.
Truck driver David Kalwig, 42, is facing three counts of culpable driving and one of dangerous driving arising from the smash that involved 10 vehicles, killed 3 men and caused the evacuation of the tunnel, shutting it down for three days.
Mr Hocking said Kalwig should have been aware that the brakes were not functioning at top condition.
"I would think the driver would know that the brakes were not up to full speed ... there is certainly a lot of difference in ... six brakes and three brakes working,'' he said.
Senior Constable Stuart Jones, from the Major Collision Investigation Squad, told the court he was unable to determine whether the prime mover that pulled the McCain trailer was roadworthy due to extensive fire damage.
He said that Kalwig should have known the condition of the brakes.
"The driver of the truck would have been aware of the braking capability of the truck,'' he said.
He also said several of the truck's tyres had insufficient tread but there was no indication Kalwig tyres had locked when he attempted to brake in the tunnel.
"If the brakes were defective he shouldn't have been driving the truck at all,'' he said.
But Geoff Steward, for Kalwig, said because his client drove the truck every day it was reasonable to think he may not have noticed a slow erosion of the braking capability.
