A MOTHER critically injured in a crash involving an alleged drug driver told those nearby the oncoming truck had been on the wrong side of the road, a court has heard.
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Speaking shortly before she died, Ms Kilmister told those at the scene the truck had been on the wrong side of the Murray Valley Highway when it hit the family’s Audi.
Father and husband Paul Kilmister remains in intensive care with serious injuries and his outlook is unclear, with the Wangaratta Magistrates Court on Thursday told “nearly every bone down the front of his body is broken”.
Eight-month-old baby Austin suffered serious spinal injuries and a possible brain injury but Morgan, two, only suffered minor injuries.
Felix, 14, was not in the family’s car but wrote a letter stating he was opposed to the truck driver being released.
Magistrate Fran Medina said the family had been “virtually shattered” by the crash.
A witness said he had been driving on the wrong side of the road for 600 metres earlier in the day after leaving Wodonga abattoir.
The court heard Kenny had tested positive to ice while driving on May 4 and May 5 in 2016 and twice lost his licence.
He allegedly tested positive to the drug on July 31 this year with the matter listed before court on January 8.
Police opposed his release, arguing he posed a danger to the public.
Matthew Hunt of the Major Collision Investigation Unit was concerned Kenny would again drive.
“A bit of paper that says you can’t drive isn’t going to stop him getting into a car and possibly causing harm to other people,” he said.
There was no evidence Kenny helped the victims or called triple zero, and police did not find a logbook at the scene.
Detective Leading Senior Constable Hunt said the evidence of crash reconstruction experts contradicted Kenny's version of events.
He told police the family's car came towards him.
“I've gone to the right to avoid them and they've gone with me,” Kenny said in his interview.
He had given an account of his movements on the day but made no further comment after receiving legal advice.
The 31-year-old had been transporting offal between Wodonga and Tongala abattoirs, allegedly with minimal breaks.
Ms Medina granted bail with the matter to return on March 14.
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