Log truck crash driver guilty

By JOSIE CLARKE and ROSALEEN MACBRAYNE

A guilty verdict against the truck driver whose load of logs crushed four Auckland women in their car brought tears of relief and anger from relatives yesterday.

In the Tauranga District Court, Judge Geoff Ellis found John Earle Branson, aged 55, guilty of four charges of careless driving causing death, two of careless driving causing injury and one of making a false entry in his log book.

Branson was remanded until June 9 for sentencing. Judge Ellis ordered a full probation officer's report, a pre-sentencing report, a reparation report and a victim impact statement.

Transport Minister Mark Gosche is likely to review speed limits for trucks in light of the decision.

Judge Ellis said he was satisfied Branson's truck would not have rolled if it had not been travelling at more than the legal 90 km/h speed limit.

Old school friends Joyce Corless, Patricia Audain, Meryl Spencer and Patricia Towers, all in their late 60s, were crushed when Branson's fully laden Rotorua Forest Haulage Ltd B-train - a tractor unit towing two trailers - rolled on a gentle left-hand curve on State Highway 2 at Apata, between Katikati and Tauranga, last May 25, spilling logs onto their car.

Two Waihi men travelling in another vehicle suffered minor injuries.

Judge Ellis said that after considering the evidence of witnesses and experts, he had concluded that Branson entered the corner too fast and failed to measure up to the standard of care expected of him.

"Mr Branson, you were quite simply going too fast," Judge Ellis said.

The verdict left some in the packed public gallery in tears.

Len Towers, widower of Patricia Towers - who was driving the car - said the verdict made the family feel better, but nothing would bring the lives back.

"That's something we've got to live with," he said.

"We're a close family and we have to cope. Life has to go on.

"But the Government has got to do something about 60 logging trucks overturning in one year."

Linda Wood, daughter of Patsy Audain, said her family were upset that neither Branson's family nor his company had apologised to the dead women's families.

"We've been sitting in court with them [Branson's family] all week. Not one of them has offered us an olive branch. That hurts us."

Branson's family declined to comment after the verdict.

Judge Ellis said Branson had got up about 4 am to start work in Rotorua an hour later, and had travelled that day to Te Kuiti, Kawhia, Pokeno and Hunua before heading to Tauranga with the load of logs.

The accident happened when he had been awake more than 13 hours.

Judge Ellis said there was no evidence of mechanical defect in any of the vehicles that could have contributed to the accident, or any evidence of any defect on the road or any sudden deterioration in driving conditions.

There was no sign of any sudden braking or swerving.

Branson was responsible for the height of the load of logs on his trailer, and the way in which the load affected his driving performance.

The judge said there was consistent evidence that Branson's truck was fitted with a speed governor set at 100 km/h.

"I have to ask why it would be set at 100 km/h when the speed limit for the vehicle was 90 km/h?"

Branson's false entry in his log book meant police had not been able to determine exactly how long he had been driving that day.

But it was clear he had been awake for more than 13 hours when the accident occurred.

Scott Corless described how his mother had devoted her life to raising her two sons on her own.

Joyce Corless had decided against going to the Tauranga reunion of school friends, opting instead to look after her son's Auckland business while he was in Australia.

She had helped out with the company since 1997 to take her mind off her other son's suicide in November of that year.

But Mr Corless said he had insisted his mother not miss the reunion, telling her to go and enjoy herself.

He sat through the hearing, "to hear all the facts because I have never heard them."

Now he wants a wider investigation into speed limits for logging trucks, how much the trucks carry, and the hours drivers work.

Mr Gosche would not be drawn yesterday on whether the speed limit for logging trucks should be lowered.

But a spokeswoman for his office said he would review information this weekend.

"Also, we're waiting to confirm whether the Government's Transport Accident Investigation Commission has advised on this incident and whether it has given us a report."