Dad on trial over train death

JOHN SELKIRK/Stuff

Alan John Stephens

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An Auckland man was driving erratically in the moments before he killed his four-year-old son by driving into the path of an on-coming train, a court has been told.

Alan John Stephens, 39, has pleaded not guilty to the manslaughter of his son Trae Blade Mitchell-Stephens in the High Court at Auckland.

He also pleaded not guilty to dangerous driving causing injury to his two other children and a niece who were also passengers in his car.

Prosecutor Kevin Glubb said witnesses would testfiy that on January 20, 2009, Stephens "deliberately drove his vehicle onto a level crossing and into the path of an 850-tonne, on-coming, south-bound express train.''

Witnesses would say Stephens was seen dangerously overtaking other vehicles and cutting corners on the roads leading up to the Paerata train crossing in Pukekohe.

Drivers behind Stephens and in front of him, waiting on the other side of the crossing, would testfiy that he drove round the barrier arm with the alarm bells ringing and the lights flashing in an attempt to beat the train.  

A witness would testify to seeing the train slam into the back of the car causing it to spin wildly.

A girl, Stephens' niece Nikita Mitchell, 12, was seen flying out of the car to land on the road some distance from the crash.

The crash caused fatal injuries to Trae Stephens, 4, and injuries to Holly Mitchell-Stephens, 2, and Shannyne Mitchell-Stephens, 6.

The jury is this afternoon being taken to view the level crossing in Paerata, Pukekohe.

Evidence will begin tomorrow.

The trial before Justice Clifford is estimated to last two weeks.

- © Fairfax NZ News