Father 'momentarily distracted', court told

File photo / NZ Herald

A father accused of killing his four-year-old son is waiting on the jury's verdict, after arguing he was "momentarily distracted" when he ignored warnings at a railway crossing and drove into the path of an 850-tonne freight train in south Auckland.

Alan 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.

A jury of seven men and five women were sent home for the night at 5pm after retiring to consider their verdicts at 3.20pm today.

Stephens left home on January 20, 2009, in his car with his three children Shannyne, six, Trae Blayde, four, and Holly, two and his niece Nakita, 12.

The Crown alleged Stephens drove his car around barrier arms at the railway crossing at Paerata, near Pukekohe, directly into the path of the train which slammed into the back of the car, spinning it around and flinging Nakita out the back window and on to the road.

In his closing address to the jury today, Stephens' lawyer, Quentin Duff, said Stephens was distracted for a moment before the crash when he felt something touch his leg.

He looked down, then swerved to avoid the barrier arm and hit the train.

"It is a moment that will be played over and over again in his mind. Every day. Every minute. Every second, because his little mate is gone," Mr Duff said.

There were too many gaps in the logic of the Crown case to conclude that Stephens had deliberately driven on to the tracks, he said.

"There was nothing that made him want to jeopardise the life of his children or anybody else," Mr Duff said.

He asked the jury to apply their understanding of human frailty.

"It was an accident and sometimes accidents happen," Mr Duff said.

But Crown prosecutor Kevin Glubb said Stephens deliberately attempted to drive across railway lines when the barrier arms were down, lights were flashing and alarm bells were ringing.

Stephens' silver Mitsubishi Mirage was seen being driven erratically just before it went onto the railway tracks.

The train was travelling at 64km/h and comprised one locomotive and 26 wagons. Once under way, it would take an "awful lot of stopping", Mr Glubb said.

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

Justice Denis Clifford told the jury the case was a tragedy, but he advised them to put aside feelings of sympathy when reaching their verdicts.

He directed them to look at the evidence coolly, calmly and dispassionately.

Trae sustained 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 Shannyne received cuts and bruises. Stephens was not injured.

The Crown called 24 witnesses during the trial, including the train driver, other drivers on the road and witnesses at the scene.

- NZPA