A MAN is now denying responsibility for a truck hitting a pole at a Toowoomba intersection, partly because he believes he was affected by medication when police interviewed him in hospital hours after the crash.
Winston Gerald Cutts has been trying to introduce new evidence to the district court to appeal the charges he pleaded guilty to in the magistrates court in February of this year.
A report on the case in late October wrongly reported the appeal was because he had been on morphine at the time of the crash.
In fact, Cutts says answers he gave in the wake of the crash were affected by the morphine he was on.
He was disqualified in February from holding a driving licence for three months and fined $1250 for failing to exercise due care while driving and not wearing a seatbelt.
In a District Court judgment on the appeal, Judge Richard Jones ruled against Cutts introducing new evidence ahead of his appeal.
Cutts wanted to introduce medical evidence and a police interview he said would show medication had affected him.
He said the records would also show police officers had not given him appropriate warnings under the police procedure legislation and regulations.
Cutts also wanted to introduce CCTV footage and witness statements he said proved the load shifting on his truck caused the accident.
He asked if he could make an oral application to have his guilty plea withdrawn.
But Judge Jones said the court did not have the jurisdiction to hear Cutts's application and without evidence in an appropriate form to support it, the application would have been doomed to fail.
Judge Jones said the medical evidence would not help Cutts with his appeal anyway, because there was no suggestion painkillers influenced him when he pleaded guilty in court.
*Footnote: APN apologises unreservedly for the error in the earlier report, which linked drugs to the initial crash. That was not the case.