Failed to secure killer load

But Magistrate accepts ‘attempted theft’ tampering

A GOLD Coast carpenter whose ladder fell off the back of his trailer on the M1 leading to a motorcyclist’s death may have been the victim of an attempted theft.

Brodie Troy Smith, 40, (far right) was driving his ute and trailer on the M1 at Nerang on November 2 last year when two aluminium ladders fell off.

Motorcyclist Craig Ward (right), of Merrimac, tried to avoid one but was struck by another car. He later died.

Smith pleaded guilty in Southport Magistrates Court on Thursday to driving without due care and attention causing death. Magistrate Kerry Magee sentenced him to 200 hours community service, and banned him from driving for nine months. No conviction was recorded.

Ms Magee said she accepted Smith had checked his load the last time he used the trailer and the ladders had been secured.

The court was told Smith did not check the ladders that morning on his way to work.

“That failure has had devastating consequences and there is no sentence I can impose that will alleviate the suffering of Mr Ward’s family,” she said.

Ms Magee accepted that Smith’s wife had reported the front gate had been unexpectedly open the morning of the fatal crash: “That drew the conclusion the ladders were maybe unsecured in potential theft.”

Ms Magee said nevertheless Smith should have checked the ladders were secure before he left his home.

“By failing to ensure the ladders were secured you set in motion a series of events that led to tragedy,” she said.

Ms Magee summed up the parents’ victim impact statement: “They thought their son would be there to make sure they would be OK as they aged.

“The shock of the accident has caused many tears and sadness, sleepless nights.”

Mr Ward, 53, was described by workmates at the Oceanic

Group at the time as a “wonderful man”.

“He was outgoing, fun-loving. He loved his motorbike and loved coming to work,” one told the Bulletin. “He was always a lot of fun, everyone liked him – a good fellow. He’d been working with us for years.”

On Thursday, Magistrate Magee accepted Smith was remorseful for his actions.

Smith wrote a letter of apology to Mr Ward’s family.

Magistrate Magee said she would not read that letter in court as it was up to Mr Ward’s family if they read the letter or not. Smith remained silent as he left Southport Courthouse.