Lawyers have been granted permission to cross-examine three police witnesses in an effort to understand if a medical condition could have contributed to a fatal collision.
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Jonathan Wilson appeared via video link at the Ballarat Magistrates' Court on Thursday.
Wilson, aged 46, is currently on bail after last year being charged with dangerous driving causing death, failing to give way to a pedestrian and dangerous and careless driving.
Police have alleged Wilson was driving a garbage truck down Doveton Street South on April 16, 2021, when he turned onto Eyre Street.
He allegedly failed to give way and struck a pedestrian who was crossing the road on her way to work.
The pedestrian, Angela Loader, sustained life-threatening injuries and later died in hospital.
On Thursday defence barrister Paul Lawrie sought leave to cross examine six police witnesses who had attended the scene.
But the court heard only three of these witnesses had provided statements.
"At some stage after the principal events Mr Wilson has a significant medical episode, maybe a seizure, and loses consciousness," he said.
"We have been trying to find precise details and it's still unclear if this happens at the scene in front of the police and he is then taken to hospital or whether it occurs at the hospital in the presence of police members."
Mr Lawrie said it was a "significant medical event" that was only briefly mentioned in statements but "needed to be thoroughly understood".
"It is a very specific and narrow inquiry we are seeking to conduct. We need to understand the timing and precise nature of what went on and what impact it may have had on his proper neurological understanding at the time," he added.
Magistrate Ron Saines said he would not be persuaded to direct witnesses who had not provided statements to be cross-examined and also questioned if the defence had medical documents to support that a medical episode took place.
Mr Lawrie conceded he did not yet have any medical documents, to which Mr Saines noted that it seemed the defence was "going about it in the reverse manner".
"In any significant medical event the starting point of an investigation is the medical assessment and primary diagnosis.
"That may then set the basis to clarify or cloud the issues that may be of relevance in a criminal context, but it appears to me this is a strange way of going about a possible defence."
Mr Laurie said the defence wished to cross examine the three witnesses who had provided statements "at the very least" to understand "the first part of the story" and if further statements were forthcoming he would lodge another application.
Crown prosecutor Emile Goldman did not oppose the three witnesses who had given statements being cross-examined, but told the court he was not aware of the alleged circumstances.
Mr Saines ultimately granted leave for the defence to cross-examine the police witnesses.
"I grant leave [to cross-examine the witnesses] on the basis that, having examined the evidence, it seems such an extraordinary event that the collision of a truck with a pedestrian occurred at all and that a medical explanation rather than a driver error explanation is a legitimate line of examination," he said.
Wilson's bail was extended until May, when the matter will return to court.
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