THE trial of a Chiltern man over a fatal accident in Wodonga was aborted in the County Court at Wangaratta on Thursday after an issue arose with one of the jurors.
Owen Richard Allen’s trial began on Monday. He pleaded not guilty to driving in a manner causing death, driving in a manner causing serious injury, failing to stop and failing to render assistance.
The jury had heard evidence for three days before the issue with a juror arose.
Judge Julian Leckie discharged the jury and adjourned the case.
The jury had heard that Allen sped out of muddy roadworks on a side street on to Thomas Mitchell Drive on August 14, 2010.
His vehicle fishtailed as it left Docking Street, forcing David Greig to take evasive action. He swerve into the path of an Isuzu truck, causing a collision that killed the truck driver, Gabby Pirpinias.
Mrs Pirpinias, 57, of Beveridge, near Melbourne, was driving east in Thomas Mitchell Drive and Mr Greig approached from the other direction.
Mr Greig, who has no memory of the crash, was entirely in Mrs Pirpinias’ lane when they hit. Both were driving at well under the 60km/h limit.
Prosecutor Andy Moore said police had at first assumed the smash involved only two vehicles but children who had been walking in Docking Street that evening told them their version of events.
Allen’s barrister has suggested the four children, aged 10 to 13 were not reliable witnesses.