Retired truckie acquitted over level crossing crash that killed two train drivers in far north Queensland
A retired truck driver has been acquitted of dangerous driving causing death in a level crossing crash that killed two train drivers in far north Queensland.
Michael Joseph Nugent, 69, was driving a truck that collided with the tilt train near Cardwell, south of Cairns, in November 2008.
It had been alleged he ignored flashing lights at the level crossing, colliding with a northbound tilt train that killed its drivers, Michael Smithers and Richard Wetherell.
Mr Nugent had pleaded not guilty.
He gave an emotional account when giving evidence in the District Court in Innisfail.
Mr Nugent told the court the crossing's lights were not flashing and despite braking, it was too late to avoid a collision between his B-double and the train.
He told the jury he had driven his B-double truck 12 hours the previous day, was carrying an almost-full load of 60 tonnes and travelling at top speed when he approached the crossing, having stopped at a faulty crossing where lights were flashing eight minutes earlier.
Mr Nugent choked up on the stand as he recalled there were no lights flashing, he heard no train horn, and saw the train when it was about 100 metres away.
"I realised there was going to be a crash," he told the court.
"At that stage I was looking for a way out and there was nowhere to go."
The jury took less than an hour to acquit him of dangerous driving causing death.
After the verdict was handed down, he shook hands with Josh Wetherell - the son of one of the victims - who had been attending the trial with his mother.
Mr Nugent said outside the court that despite the court's findings "there's no winners".
He said he "had not coped well" since the fatal incident.
"You can only tell the truth can't you - and that's what it's all about.
"But really, there's no winners here."