I have previously commented on the case of the RFS volunteers who has been charged following a fatal collision between an RFS appliance and another car (see Tragic outcome from RFS response (April 4, 2013)). The trial has now commenced in the District Court of New South Wales; see:
- Daniel McCulloch, ‘Sydney firie’s U-turn dangerous: court’ 7News Online, May 18, 2016
- ‘RFS Volunteer in Court’ 7News video via Facebook.
Of course I make no comment on the merits of the prosecution or the Crown case, they will be matters for the jury but no doubt the outcome will be a matter of great interest to those in the emergency services.
A reminder that the decision of a jury in a criminal trial, whatever they decide, does not create a ‘precedent’. Juries determine the facts of the case but do not make decisions on law. The facts of each case are different so whether this jury finds the accused guilty, or not guilty, it will not be relevant to the next driver who is involved in a fatal collision.
No doubt there will be more to report on this case when the trial has concluded and the jurors have returned their verdict.