Man denies killing son in train crash

Alan Stephens is accused of driving his car into the path of a freight train in south Auckland. Photo / NZPA

A father accused of killing his four-year-old son, after allegedly driving his car into the path of a train, displayed appalling driving before the "entirely preventable" incident, a jury was told today.

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 in Auckland.

He has pleaded not guilty to all the charges.

The jury of seven men and five women was sworn in this morning for the trial, which is set down for two weeks.

Crown prosecutor Kevin Glubb said Stephens' silver Mitsubishi Mirage was seen being driven erratically just before it went onto the railway tracks when the barrier arms were down, the alarm bells were ringing and the 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.

"The rear bumper came off the car as it was spun two or three times. A girl was also seen flying out of the car after the force of the impact.

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

The 850 tonne train was travelling at 64km/h and comprised one locomotive and 26 wagons, and once it was under way it would take an "awful lot of stopping", Mr Glubb added.

Jurors were told the incident was "entirely unacceptable but entirely preventable".

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 alleges that Stephens drove his car around barrier arms at the railway intersection 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 of the car and on to the road.

Trae sustained critical injuries and was flown to hospital by rescue helicopter, where he died later of his injuries.

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 not injured.

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

The jury will be taken out to the scene this afternoon and the first witness will be called tomorrow.

- NZPA