A Sydney rubbish truck driver who ran over a homeless man sleeping on a mattress, killing him, believed it was “only a pile of blankets”, a Justice of the Peace has been instructed.
Ian Juurik, 36, has been charged with negligent driving inflicting the dying of Mathew Hayne, 31, on Bourke Lane in Redfern shortly earlier than 8am on Could 21, 2018.
An additional cost of harmful driving inflicting dying was withdrawn in December.
“He noticed what he thought was a blanket or a quilt nevertheless it was, actually, a foam mattress with the deceased contained inside it,” crown prosecutor Melanie O’Connell stated at Downing Centre Native Court docket on Tuesday.
“He was additional negligent by driving over that merchandise within the rubbish truck … with out checking whether or not it was secure to take action.”
The Crown alleges Juurik didn’t preserve a correct lookout and didn’t take the cheap care anticipated from the “odd, prudent driver” within the circumstances, Ms O’Connell stated.
Juurik’s lawyer, Benjamin Goh, stated the difficulty was whether or not Justice of the Peace Jennifer Giles could be happy past cheap doubt that Juurik was negligent “when he determined to drive over what he thought was only a pile of blankets”.
The Justice of the Peace requested: “It simply hinges on – is that this negligent?”
“Sure, your honour,” the events replied.
Mr Hayne was captured in footage taken from one other truck that drove down the lane earlier that morning.
Two of Juurik’s Metropolis of Sydney colleagues are amongst 5 witnesses set to testify.
The sufferer’s mom, Melissa Hayne, was within the public gallery on Tuesday. The listening to continues.