Linton double fatality: driver lied about crash, court told

THE first person at the scene of a double fatality near Linton 18 months ago told a court a man gave him the impression he had come across the crash, despite seeing him climb out through the driver's side window of the smashed ute.John Rouse told a committal hearing at the Ballarat Magistrates Court that the man was not making any sense, saying he had been nearby cutting wood and a girl had been driving.Benjamin James Nield, 25, was yesterday committed to stand trial in the County Court on 11 counts, including two counts of culpable driving and four counts of driving in a manner dangerous causing death.Timothy Vawdrey-Smith, 22, and Jade Dyson, 21, were killed in the crash after the ute they were travelling in struck two trees on the Glenelg Hwy about 4.5km west of Scarsdale on August 16, 2008.Mr Vawdrey-Smith was killed instantly, while emergency services worked to treat Ms Dyson at the scene but she died at the Royal Melbourne Hospital.Mr Rouse said he saw a man climb out the driver's side window after he stopped at the crash between 7.55pm and 8.05pm.He said he drove to the Linton Police Station for help and when he returned, the man who he had seen in the ute earlier waved him down."There was a conversation about a girl, there was a girl on the ground and I went over there and saw a girl unconscious on the ground," Mr Rouse said.Witnesses told the court that Nield did not admit he was the driver of the ute.Nield was arrested at the scene and taken to the Ballarat Police Station where he recorded a blood alcohol reading of .059.He has pleaded not guilty to all 11 counts and will reappear in the County Court at Ballarat on May 27.