Ambulance driver 'had time to stop'

The ambulance driver who, on the way to an emergency, ran down an 85-year-old pensioner could have stopped nearly 100m away, a court has heard.

Brendon Douglas McInnes was travelling to a priority-one emergency on December 22, 1999, when Marjorie McGill, of St Heliers, stepped out in front of the St John ambulance on Long Drive and was killed.

McInnes, aged 28, is charged with dangerous driving causing death and an alternative charge of aggravated careless use of a motor vehicle. He has pleaded not guilty.

Under cross-examination in the Auckland District Court yesterday, McInnes agreed it would have taken around 45m to make an emergency stop at 95 km/h. McInnes spotted Mrs McGill from at least 145m away and could have stopped in a third of that distance.

Crown prosecutor Gina de Graaff asserted that McInnes was travelling too fast and should have taken evasive action earlier instead of changing down gears and braking "slightly."

McInnes told the court that he had expected Mrs McGill, who was deaf and had poor peripheral vision, to notice him and move out of the way.

After sounding the bull-horn, McInnes braked heavily. But the brakes locked and the ambulance skidded straight into the elderly woman.

Ms de Graaff said Mrs McGill's approximate age would have been immediately obvious and that, as an ambulance driver, McInnes was aware pensioners often had hearing and eyesight problems.

"So it was hardly realistic, without your siren on at that point, that she was going to suddenly swivel around and see you.

"You could not predict what Mrs McGill in this situation was going to do," Ms de Graaff said.

"No," McInnes replied.

Defence lawyer Gerrard Winter had earlier told the jury during his opening address that McInnes had been "confronted by someone who didn't retreat, didn't stop, didn't look, didn't listen."

Judged objectively, McInnes was not at fault because Mrs McGill's own actions were to blame.

"There was no hesitation by Mrs McGill. She didn't look to the right or the left.

"There was no listening because ... there was no hearing aid.

"The ambulance was there to be seen and heard," Mr Winter said.

McInnes' ambulance was the only one available to respond to a four-car accident in the central city, and his manner of driving was reasonable and prudent in the circumstances.

Fellow officers yesterday described McInnes, who joined St John Ambulance Service in 1993, as an extremely cautious driver.

The trial, before Judge Stan Thorburn, will conclude today.