Trial underway over rubbish truck death

A trial is underway for a company charged in connection with the death of a rubbish truck worker on Auckland's North Shore.

Jane Devonshire was killed in August 2015 when the truck she was working on slid down a bank after its brakes failed.

The truck careened 120 metres down the road before falling over the edge.

Ms Devonshire, who was standing on the left hand side of the truck, was thrown from the vehicle and crushed after it landed on top of her.

The truck's driver, who survived the crash, had to be cut from the vehicle.

Truck Leasing limited which owned the truck, has been charged under the health and safety and employment act.

Police prosecutors say the company breached its duty to take all practicable steps to ensure that the vehicle it leased had been maintained so that it was safe for its intended use.

Truck Leasing Limited is one of four companies charged over the death, but is the only one to go to trial after entering a not guilty plea.

Veolia Environmental Services which leased the truck, NP Dobbe Maintenance which maintained the trucks and Auckland Council all pleaded guilty and were sentenced last year.

Police prosecutor Ned Fletcher says just before the crash that the truck's driver with 11 years experience heard a warning buzzer.

"He put his foot down on the brake pedal to stop the truck, but his foot went through the floor."

Fletcher told the court the driver pumped the brake pedal, pulled on the handbrake and tried putting the truck into reverse, but nothing worked.

"With bush and a steep drop on one side of the road and houses on the other, it's out case that the driver had limited options."

Fletcher said seven failings were identified as part of the police case.

One included failing to ensure the truck's brakes were compliant with land and transport heavy vehicle brake rules, and failing to ensure a servicing regime was adequate.

Another was failing to ensure that the warning light in the truck's cab was working.

But Truck Leasing Limited's lawyer Phil Mitchell says the case is much more than just the truck's brakes failing.

To present the case as such would be misleading because the driver arrived at the yard at 7am that morning. He turned the key on that truck and the warning buzzer sounded straight away.

"A prudent driver would think that there was something wrong. He instead decided to drive off on his run with this young woman whose life was in his hands."

Mitchell told the court there will be expert evidence called that any competent driver wouldn't have taken the truck out.

"There were numerous warning signs that they should have heeded."

The trial is set down for 3-4 weeks.

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