The truck driver accused of causing the death of a mother and son last year will not decide whether to plead guilty or not guilty until a crash expert he has employed himself forms a view of what happened.
Mooroopna man Ryan Kenny, 32, has been charged with culpable driving causing the death of Amanda Kilmister, 37, and her 12-year-old son Harrison when his truck collided head-on with their Audi at Brimin on November 2.
He appeared in the County Court on Tuesday, via video link from Shepparton, where his defence lawyer said the independent crash reconstruction expert was yet to return a preliminary view.
The police Major Crash Investigation Unit put together more than 700 photos and 400 pages of evidence.
Mrs Kilmister's husband Paul also suffered serious injuries in the crash and their two youngest children - then aged eight months and two years - were taken to hospital. The family had been on their way home to Bundalong after dinner.
MCIU members inspected the Kilmister family's Audi as part of their investigation, but the court heard on Tuesday that the car was destroyed before the defence expert could also have his own look.
The onus was on Kenny to continue to pay for the storage fees for the car after police had finished with it, but he could not afford the ongoing cost.
Judge Gerard Mullaly questioned why Kenny had been asked to pay.
"It's odd a potential Crown exhibit is destroyed because the accused cannot pay for it," he said.
"It seems like something the state should pay for, but I don't run these things."
The crash expert will instead look at photos taken of the Audi, including the gauges in the car, after the crash.
A tentative date of April 20 next year has been set for Kenny's trial, to be held in Wangaratta, but he will return to court next month after the crash expert has finished his investigation.
Kenny will then confirm whether he will plead guilty or take the case to trial.
He pleaded not guilty during a previous court appearance in June and will remain on bail until the case is resolved.