Father's driving caused son's death, court told

A four-year-old boy killed when his father drove a car full of children into the path of a train was a "preventable outcome of appalling driving", a court has been told.

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

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

Crown prosecutor Kevin Glubb said witnesses would say that, on January 20 last year, Stephens deliberately drove his vehicle on to a level crossing and into the path of an 850-tonne express train.

The train diver would tell the court that he saw a young child in the rear left seat look up at him a split-second before the train hit the car.

Witnesses would say Stephens was seen dangerously overtaking other vehicles and cutting corners on the roads leading up to the crossing at rural Paerata, near Pukekohe.

A truck driver forced to take evasive action to avoid a crash with Stephens was so concerned that he took a photograph of the car.

Drivers following Stephens and waiting on the other side of the crossing would say that he drove around the barrier arm while the alarm bells were ringing and the lights flashing, in an attempt to beat the train.

"The result was inevitable. That anyone survived was nothing short of a miracle," Mr Glubb said.

The train hit the back of the silver Mitsubishi Mirage, spinning it into the air. Stephens' niece, Nikita Mitchell, 12, was thrown from the car and landed on the road some distance away. She suffered a serious head wound

His son Trae, 4, died after being flown to Starship children's hospital. His other children, Holly, 2, had bleeding on the brain and Shannyne, 6, had bruises and cuts. Stephens was uninjured.

Mr Glubb said he was seen by a witness talking to the children and saying words to the effect of "I didn't see it".

However, there was strong evidence that Stephens ignored the warning signals and tried to beat the train. "The train could not stop but he could have."

The trial is continuing.

- © Fairfax NZ News