A Rotorua logging truck driver convicted last year of careless driving causing the death of four elderly women has lost his appeal against conviction.
John Earle Branson's logging truck rolled on a bend on May 25, 1999 on State Highway 2 near what are known as the Apata Bends.
Life-long Auckland friends Patricia Towers, Joyce Corless, Meryl Spencer and Patricia Audain, returning home after a reunion in Tauranga, were killed and two Waihi men travelling in another vehicle suffered minor injuries.
Branson, 56, represented by Chris Tennett, was found guilty in the Tauranga District Court in May last year of four charges of careless driving causing death and two of careless driving causing injury. He was also convicted of falsifying his log book in which he recorded loading time as a rest period.
He was sentenced last June by Judge Geoff Ellis to 42 days in prison, disqualified from driving for a year and fined $200.
Branson's appeal against his conviction was heard before Justice Williams in the High Court at Rotorua last month.
In his reserved judgment, which was released this week, Justice Williams said Mr Branson's appeal was ""entirely without weight".
Branson had argued against evidence he was travelling at an excessive speed leading up to the accident. Witnesses had previously told the court they saw the rear wheels of the rear trailer of Branson's fully laden logging truck and trailer lift off the ground and a constable involved in accident investigation
concluded the crash was caused by the truck and trailer unit trying to turn a corner at an excessive speed.
All this evidence, Justice Williams said, was accepted by Judge Ellis who rejected suggestions of other possible causes for the crash from Mr Branson.
Mr Branson himself had no memory of the accident as a result of a head injury he suffered when the truck rolled.
Experts who gave evidence also concluded that excessive speed was the main cause of the crash.
Justice Williams concluded there was ""nothing to suggest those conclusions were wrong".
He agreed with Judge Ellis' ruling that Branson was "driving too fast for the corner and did not exercise the degree of care and attention that a reasonable and prudent driver would exercise in looking after his own safety".
Judge Ellis said he was satisfied Branson's speed was more than 90kph, the speed limit for heavy motor vehicles exceeding three tonnes in weight.
Branson had not shown there to be any error in the conclusions Judge Ellis had reached, Justice Williams said, dismissing the appeal.
- DAILY POST (ROTORUA)
Truck driver loses appeal against conviction
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