Driver's licence appeal annulled for driver involved in fatal crash

On August 31, police suspended the drivers licence of Justin David Noel Howarth, 25, of Trainor Court, and charged him with dangerous driving causing death and negligent driving causing death.

The charges came after Mr Howarth was involved in a crash that claimed the life of a 72-year-old man after a prime mover Mr Howarth was driving and a Toyota LandCruiser towing a trailer collided on the Escort Way on March 23.

On October 3, Mr Howarth’s solicitor Mason Manwaring successfully appealed the licence suspension in Orange Local Court.

However, on Friday magistrate Margaret Quinn overturned that decision after NSW police launched an annulment application on Monday saying they were not represented by a qualified police prosecutor when the October 3 appeal was heard.

Representing the police, solicitor Andrew Campbell said because the local court list day was held on a Tuesday, instead of the usual Monday because of a public holiday, a prosecutor had not been scheduled.

He said a police senior constable stood in to help the court while a prosecutor travelled from Dubbo but he did not make submissions or hand up Mr Howarth’s traffic record to the magistrate.

Mr Manwaring said the police officer who stood in had twice previously represented bail matters before a registrar and the Tuesday date was well gazetted.

It was while the prosecutor was in transit that Mr Howarth’s appeal was heard and Ms Quinn said it was not his nor his solicitor’s fault the appeal was being annulled.

“Any application where a person wishes to be heard whether they are a defendant of applicant they must have the right to be heard,” Ms Quinn said.

“I find the annulment is granted in just cause that there was nobody here.”

As a result of the annulment Mr Howarth’s driver’s licence is again suspended however, he can still appeal the driver’s licence suspension.