Father ignored train warning, jury told

Alan James Stephens pleaded not guilty to reckless driving causing manslaughter. Photo / Paul Estcourt

A father accused of killing his 4-year-old son ignored flashing lights and alarm bells at a railway crossing and drove his car into the path of a 850-tonne freight train near Pukekohe, a jury was told yesterday.

Alan James Stephens, 40, pleaded not guilty to reckless driving causing manslaughter and three charges of reckless driving causing injury when he appeared in the High Court at Auckland.

On January 20 last year, Stephens left home in his car with his children Shannyne, 6, Trae Blayde, 4, and Holly, 2 and his niece Nakita, 12.

The Crown alleges he drove around barrier arms at the railway intersection at Paerata, directly into the path of the train.

The locomotive slammed into the back of the vehicle, spinning it around and flinging Nakita out the back window and on to the road.

Crown prosecutor Kevin Glubb said Stephens' car was seen being driven erratically just before it went on to the railway tracks, at which the barrier arms were down, alarm bells were ringing and red lights were flashing.

"Within seconds the train came through and crashed into the left rear of the vehicle, pushing it to the other side of the track," Mr Glubb said.

"The rear bumper came off the car as it was spun two or three times."

A girl was seen being thrown from the car by the force of the impact.

"There was a lot of crashing and grinding as the train came to a stop."

The train was travelling at 64km/h and comprised one locomotive and 26 wagons.

Once in motion, it would take an "awful lot of stopping", Mr Glubb said.

Stephens told police he did not see the train, but the Crown prosecutor said a train of that size would have been visible on the tracks.

Trae had critical injuries and was flown to hospital by rescue helicopter, where he died.

Nakita received severe head injuries and would have serious problems for the rest of her life, the Crown said.

Holly suffered subdural bleeding to the brain and Shannon received cuts and bruises.

Stephens was uninjured.

Mr Glubb said the accused had displayed appalling driving before the "utterly unacceptable but entirely preventable" collision.

He was cutting corners, and a truck driver saw the car straddle double yellow lines while passing him, even with traffic coming the other way.

Two cars had to swerve off the road to avoid Stephens.

Tests later carried out on the barrier arm, lights and bells, found all to be working correctly, and Stephens' car was found to have no mechanical faults.

The Crown is expected to call 24 witnesses, including the train driver, other drivers on the road and witnesses at the scene.

The jury was taken out to the scene of the crash yesterday.

- NZPA