Jurors told John Henry Obst's failure to pull over led to 2021 fatal crash as trial begins

John Henry Obst, 29, has been charged with one count of dangerous driving occasioning death (drive in a manner dangerous) and one count of negligent driving over the 2021 fatality.

In court on Thursday, the jury heard he had pleaded not guilty to the dangerous driving occasioning death charge but pleaded guilty to the count of negligent driving.

Crown prosecutor Paul Kerr told the jury Mr Obst was driving north from his Lavington home to Wagga on Holbrook Road about 12.15pm on October 2, 2021, when his Mitsubishi Triton left the road and hit a tree near Mangoplah, leading to the death of his six-year-old passenger.

Mr Kerr said Mr Obst allegedly told police that he had fallen asleep.

The court heard the car veered onto the wrong side of the road before bouncing off a tree and hitting a larger tree.

Mr Kerr said the boy was deceased when police arrived. Mr Obst had suffered injuries in the crash.

The prosecutor said while a lot of factual matters have already been agreed between the parties, including that Mr Obst was driving the vehicle at the time and the road surface and weather played no part in the incident, there was one key point of contention.

"The Crown says what did play a part was Mr Obst's failure to pull over after he had fallen asleep once, instead of trying to get to Mangoplah which was three to four kilometres up (the road)," he said.

"The Crown must ... prove immediately before impact that Mr Obst was driving the vehicle in a dangerous manner."

Mr Kerr told jurors they would also be shown a pre-recorded voluntary interview between Mr Obst and the police, video of the stretch of road in question, and that an expert would give evidence on road safety and road construction.

In reply, counsel for the defence Matt Fordham described the case as "very tragic".

"It will no doubt arouse significant emotions," Mr Fordham said.

"Mr Crown has quite accurately painted a picture of what is in dispute. Was it objectively dangerous to the public that he continued to drive to Mangoplah?

"I ask you to consider the alternatives available to (him), where a driver could or could not have stopped."

Addressing the jurors, Judge Pauline David said it was understandable they may be emotionally affected by the nature of the case.

"No doubt all of you may have some emotional reaction from time to time, but it's your solemn promise that you will be able to put that aside and focus on the evidence," Judge David said.

The judge stressed Mr Obst must be presumed innocent until proven guilty and told the jury the onus was on the Crown to prove him guilty of the offence beyond reasonable doubt.

"The accused is to be presumed innocent until the guilt is established," she said.

"The Crown must prove the essential facts that make up the charge beyond reasonable doubt."

The trial will continue on Friday, August 4.

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