Heavy Mechanics lawyer tells trial sometimes nobody is to blame

Daniel Gurvich QC on Friday made his closing arguments at the end of the third week of the Heavy Mechanics trial.

The company serviced a BP truck and trailer which decoupled on the Wodonga-Yackandandah Road on August 7, 2014, and hit two cars.

Mr Gurvich told jurors it was a "terrible tragedy that occurred in this case" but the trial was not about emotion.

"The law just doesn't punish, it doesn't punish an employer because an accident happened," he said.

"It just doesn't do that.

"And sometimes accidents happen and no-one is to blame, or at least not this company.

"It's not about blame."

The business faces an occupational health and safety charge of failing to ensure people were not exposed to risk.

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"What's really important is this," Mr Gurvich said.

"The accused company is not charged with causing an accident.

"That's not what this case is about.

"It's not what the normal cases that you hear about on the news are about.

"The company is charged with an occupational health and safety offence."

The prosecution alleges the company failed to properly service the failed towing components, which were last serviced six days before the crash.

Mr Gurvich said while the prosecution case was that the tow eye couplings should not move in blocks, the evidence was that such couplings did move.

Judge George Georgiou urged jurors to ignore any emotions of sympathy or prejudice they may have for anyone in the case and to consider only the evidence heard during the trial.

"Remember you are judges in this case," he said.

"You are judges of the facts."

Judge Georgiou also told the jury that accidents sometimes happen where no-one is to blame.

The trial will continue on Monday.

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