Truck had 65 mm more free play than allowable: expert
Parts of Dodge removed in between OPP inspections, trial hears
A pickup truck involved in the crash that killed Abigail MacNaughton nearly five years ago had 65 millimetres more free play that what was allowable for the 1995 Dodge Ram 2500, an OPP forensics mechanic testified Thursday afternoon.
OPP Traffic Support Unit Const. Adam Smith, an expert Crown witness who inspected the four-by-four more than three years after the fatal crash, took the stand in the trial of Joseph Ramono, 52, in Peterborough Superior Court of Justice.
The Stouffville auto mechanic has pleaded not guilty to criminal negligence causing death and uttering a forged document. Prosecutors allege he sold the safety certificate for the truck without ever seeing or inspecting the vehicle.
Smith was asked to inspect the truck in August 2015 before doing so on Oct. 8, 2015, he testified during chief examination by assistant Crown attorney Lisa Wannamaker. The vehicle had already been inspected by OPP Const. Brian McLaughlin – who was on the witness stand from Tuesday morning to Thursday afternoon. Smith, however, was instructed to have a closer look at the steering system.
The officer found the truck had some 120 mm of free play – how much a steering wheel moves before the wheels actually begin to turn. Regulations for a steering wheel of that size allow for 55 mm of play, Smith testified.
The veteran of about 50 post-collision vehicle examinations said he has never inspected a vehicle with excessive free play before, although he has examined numerous vehicles with front-end damage like the Dodge sustained.
An excessive amount of free play could cause a driver to overcorrect while they are making a turn and cause a collision, including at high speeds, Smith testified. Free play is usually caused by wear and tear on a vehicle, he later added.
The officer also said that in his opinion, no more than 20 mm of free play could be caused by issues related to power steering. He has also not experienced free play in steering caused by air being in the power steering system, which uses hydraulic fluid.
Earlier in the afternoon, McLaughlin reemphasized that he, too, has never encountered additional free play caused by air in a steering system
Like the other officer, Smith conducted his inspection of the pickup truck in a garage bay at Fitzsimmons Towing and Repair on Ashburnham Dr.
He, however, discovered immediately that there were continuity issues with the vehicle. Several parts parts were removed in between the exams.
The U-bolts that hold the suspension in place and the lift kit were gone, along a four-wheel drive electronic module and rear lights.
Asked if the removal of the lift kit affected his inspection, Smith said yes, because he would have liked to see how the truck sat on its suspension. The officer said he was not involved with any kind of investigation to determine where the parts went.
The truck appeared weathered from being outside in the elements, Smith said. Later asked if the fact the truck had been sitting around concerned him, he said “Yes, things can change,” noting how rust, for example, would build up.
As part of his inspection, the officer looked at several other parts of the truck, including its tires, measuring their inflation and tread depth.
Everything was normal except for the right rear tire, which was flat. Smith couldn’t figure out why, even after checking its entire surface for anything that could have penetrated it.
Shown several photos of a steel shingle nail sticking out of a grove between the tire’s treads, the officer said “I think I would have noticed that nail in the tire.”
Thursday’s proceedings began with continued cross-examination of McLaughlin by defence lawyer Glen Orr, which began Wednesday morning.
Wannamaker returned to some points during brief reply examination.
McLaughlin testified that he stands by his opinion that the truck would have been drivable with a low tire – court has heard it had a half-flat – and that he would have expected there to be marks left on the road if the Dodge had fishtailed before the collision.
He was also asked if all of the 1,957 kilometres the truck was driven between the time the safety certificate was issued in July and the Aug. 3, 2012 crash was off-road, it that would cause as much as 65 mm of free play in the steering. “In my opinion, no,” he said. The officer was also asked to further explain an earlier comment that whether or not power steering was functioning before the crash wouldn’t make much of a difference. “At higher speeds, the steering assist isn’t really assisting.”
During cross-examination, it was highlighted that McLaughlin told the preliminary inquiry held in the case in December 2013 that the impact of a collision could have contributed to the amount of free play in the vehicles involved.
The officer told Wannamaker that after seeing photographs Smith took of the steering box during his inspection that showed none of the components were broken, his opinion changed – that the free play in the Dodge’s steering was not caused by the crash.
The eastbound Dodge by William “Billy” Towns collided with a westbound Honda car driven by MacNaughton, 27, on County Rd. 4 between the Third and Fourth Lines of Douro.
Towns was scheduled to stand trial along with Ramono, but pleaded guilty to dangerous driving causing death and uttering a forged document shortly after proceedings got underway with jury selection on June 5.
He will be sentenced June 30 and is expected to testify.
The defence has not yet had the opportunity to make an opening statement or call witnesses.
The trial, which is scheduled for four weeks, resumes at 10 a.m. Friday.