Rockhampton jury to deliver verdict today on fatal crash
ANTHONY Glen Costin may be a "stand-up guy", but stand-up guys can commit crimes, a court has heard.
"They may not intend to, but they do," Crown prosecutor Joshua Phillips told the jury in his closing statement yesterday.
Costin was on trial in the Rockhampton District Court this week after pleading not guilty to dangerous operation of a vehicle causing death and grievous bodily harm.
The Capalaba man was charged after his truck veered into the opposite lane and collided head-on with another vehicle on the Bruce Hwy near Gladstone on June 27, 2010.
Caboolture man Richard Horne and his son Isaac, 8, were killed instantly while Richard's wife Juanita and their daughter Cady, 4, were seriously injured.
Mr Phillips said there was no evidence Costin had fallen asleep or swerved to miss a hazard.
He also argued there was no evidence Mr Horne fell asleep or that he was on the wrong side of the road.
"The only thing left is fatigue," he said.
Mr Phillips said the evidence showed Costin had only had about four-and-a-half hours sleep in almost two days.
However, defence barrister Chris Wilson said the evidence of a family friend travelling with Costin had established he was not fatigued.
Mr Wilson also argued it was a possibility Costin was faced with a dangerous situation and took evasive action.
"There is no evidence Anthony Costin did the wrong thing or the dangerous thing," Mr Wilson said.
The jury is expected to deliver their verdict today.