Safety defects outlined
Rusted-out supports, holes in floor among truck’s defects: expert
Rusted-out cab supports and holes in the floor were among the defects that should have prevented a pickup truck involved in the crash that claimed the life of Abigail MacNaughton from passing a safety inspection, an expert forensics mechanic testified Tuesday morning.
OPP Highway Safety Division Const. Brian McLaughlin, who inspected the 1995 Dodge Ram 2500 four-by-four 15 days after the fatal crash, took the stand as an expert witness 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 pickup truck without ever seeing or inspecting the vehicle.
The-eastbound pickup driven 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 at about 4:45 p.m. on Aug. 3, 2012.
McLaughlin, who inspects vehicles to determine if defects are to blame for collisions, began training as a mechanic in 1976 and has frequently taught in the field. The 27-year veteran of the force has also been a collision reconstructionist since 1999.
Contacted the day after the crash, the officer inspected the pickup on Aug. 17, 2012 in a secure storage bay at Fitzsimmons after the OPP obtained a warrant, he said during chief examination by assistant Crown attorney Lisa Wannamaker.
The prosecutor asked the McLaughlin if the Dodge should have been allowed on the road. “In my opinion, no ... there were several issues with the vehicle.”
The officer took 116 photos of the pickup – which had 410,061 kilometres on its odometer and 286.2 km on its trip meter – during his inspection. Many of them were shown to the eight-woman, fourman jury on Tuesday.
One depicted a rusted hole in the floor near the driver’s side door, through which the white floor of the garage could be seen. The floor on the passenger side was also rusted through, although that hole was covered by carpet.
Those defects in themselves would be enough to fail a safety certification, McLaughlin said, pointing out that it could cause structural failure or allow poisonous carbon monoxide fumes from the vehicle’s exhaust to come into the cab.
Images taken below the vehicle showed where repairs were made on the passenger side, but adjacent voids in the metal remained. The officer said the vehicle could pass a safety inspection, if the holes were properly sealed.
Rust transfer to the carpet, for example, was a sign that the holes had existed for several months or a year, McLaughlin said. “This has been going on for some time.”
The officer had earlier explained how he can determine what defects existed before a collision and what damage was caused by the impact.
Fractures in vehicle components, for example, can have a build-up of rust on them if the condition is preexisting, McLaughlin said, pointing out that parts can also show signs of wear that may have accumulated over time.
Each of the four hockey puck-like welded cab mount supports securing the can and box of the truck to the frame were also rusted away, the officer said.
The right rear tire of the truck was also deflated. McLaughlin measured it at five pounds per square inch (PSI), although he did not notice it visually until the truck was lowered from the hoist, where it was positioned by Fitsimmons staff.
McLaughlin has been qualified as an expert in criminal court 42 times, Provincial Offences Act court 29 times, civil court twice and at five inquests, court heard. He has inspected more than 650 vehicles and investigated nearly 1,000 crashes in his career.
Tuesday’s proceedings began with brief testimony from Peterborough County OPP communications officer Const. Jason Folz.
The road officer arrived about an hour after the impact and was tasked with looking after continuity, preserved the crash scene until the Dodge was towed to Fitzsimmons Towing Repair on Ashburnham Dr. at about 11:04 p.m.
He told Wannamaker that he followed the vehicles until the Ram was moved into a separate garage where no mechanical work is done.
During cross-examination with defence lawyer Glen Orr, the 22-year veteran of the police service said the pickup, given its condition, was “most likely” moved with a flatbed truck, but he couldn’t remember exactly because it was nearly five years ago.
The defence has not yet had the opportunity to make an opening statement or call witnesses.
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 trial, which is scheduled for four weeks, resumes at 10 a.m. Wednesday.