Truck driver acquitted of dangerous driving charges over Eynesbury school bus crash

Australia Broadcast Center

6 days ago

A truck driver has been acquitted on seven counts of dangerous driving charges over a crash on Melbourne's western fringe that left several primary school children with traumatic injuries.
On May 16, 2023, a truck and bus collided at an intersection at Eynesbury in Melbourne's outer west.
Police say the bus was struck from behind by a truck at the intersection of Exford Road and Murphys Road at around 3:45pm.
The bus was travelling west along Exford Road and attempted to turn right into Murphys Road when the truck collided with the rear of the bus, resulting in the bus landing on its side.
The bus was carrying 46 children from Exford Primary School. Seven suffered serious injuries, including partial and complete amputations of arms, multiple crushed limb injuries and severe lacerations to the head and body.
The tip-truck driver, Jamie Gleeson, pleaded not guilty to seven charges of dangerous driving causing serious injury. In May 2023, he was granted bail.
Mr Gleeson's barrister, James Anderson, argued this case was not one of dangerous driving, but of "human driving."
The court heard that prior to the collision, Mr Gleeson had been driving trucks for 18 years with a clear record.
Following the incident, he returned negative drug and alcohol tests, as did the bus driver.
An assessment of the truck found that although it had faulty brakes, it had been properly serviced, and Mr Gleeson was unaware the brakes were defective, the jury was told.
The defence argued there was no suggestion that Mr Gleeson ought to have known that the brakes were defective.
During the trial, Mr Anderson told the court that on the day of the collision his client was taking his normal route home and was not in a hurry.
"On this day he wasn't driving home from the pub … he wasn't acting like a moron; he was going home early to go to a grandfather's birthday," Mr Anderson said.
"All the evidence suggests that he is a responsible and mature driver.
"You should be slow to conclude that this mature and responsible driver … was driving dangerously."
The court heard that the bus driver, Graham Stanley, conceded during questioning that his memory of the day had been affected by post-traumatic stress disorder, the passage of time and possible trauma.
Earlier this week, prosecutor Neill Hutton SC told the jury the proper verdict of the case was guilty to all seven charges.
"It's an all-or-nothing case," he said.
The prosecution argued Mr Gleeson's driving was one of "the substantial and operative causes" of the collision and said his "prolonged" inattention caused late braking.
Mr Hutton also argued that Mr Gleeson braked far too late to avoid a collision and that he failed to maintain a safe distance between the truck and the bus.
He said the bus slowed in an "unremarkable fashion."
"It is that inattention … the late braking … that, we say, forms the basis of our case," he said.
Mr Hutton said that on the day of the collision, the bus driver, Mr Stanley, was taking a familiar route, one he took twice a day for 14 months.
He argued that there was no reason that Mr Stanley may have departed from his regular routine.
But the defence argued there were several aspects of Mr Stanley's actions on the day of the collision that showed he departed from his usual routine, including that he could not remember whether he was wearing a seatbelt that day.
"There's a saying that familiarity breeds contempt," Mr Anderson said.
Mr Anderson argued that there was also no evidence from any witnesses that the bus indicated prior to turning.
He said CCTV footage showed Mr Gleeson was travelling at a safe distance behind the bus, around four to five seconds behind.
During the trial, the court heard from members of Mr Gleeson's community, including his employer, a close friend and his father.
They all described Mr Gleeson as an upstanding citizen who was well regarded in the community.
His father, Robert Gleeson, said his son was involved in several community initiatives including coaching football and volunteering with the Country Fire Authority.
"If you could be a proud father … I am one. I couldn't wish for anyone better," he said.