Jailed death 'driver' in back seat - claim

Anthony James Manahi White. Photo / Supplied

The Court of Appeal has heard evidence from a crash investigator who believes a man jailed over the death of his friend in a high-speed collision may have been in the back seat of the car - and not in the driver's seat.

Anthony James White, 21, was found guilty of manslaughter and two counts of dangerous driving causing injury at a High Court trial in 2010 after a jury rejected his claims his front-seat passenger, Eligh Smith, was the driver.

Mr White's lawyer, James Maddox, yesterday told the Court of Appeal fresh evidence from investigator Todd McCormack was credible enough to raise the possibility that a miscarriage of justice had occurred.

However, a Crown witness disagreed saying there was no evidence Mr White had been sitting behind the driver. Mr McCormack told the court he had analysed the police evidence and believed the seat belt behind the driver had been in use and that the front passenger seatbelt - where the Crown says Mr Smith was sitting - had not been used.

Mr McCormack said that after the air bags had been deployed the seat belts locked in place. "The driver's [seatbelt] was loose indicating it had been used," he said.

His analysis showed the passenger's seatbelt hadn't been used - which would have made it near impossible for Mr Smith not to have been injured because the left side of the car took the biggest impact.

One of the three occupants, Andrew Orpin, aged 37, was killed and he was sitting in the back left hand side.

Crown witness Professor John Raine believed the injuries suffered by Mr Smith were consistent with his being on the left side of the vehicle.

The justices reserved their decision.