THE DRIVER accused of a fatal crash at Bendemeer was unable to go to court because he's still in rehab in Victoria.
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Chris McKinney, 62, is still recovering from serious injuries he sustained in the February crash that killed a Tamworth mother.
Evidence in the case against McKinney is still being compiled, police prosecutor Sergeant Rob Baillie told Tamworth Local Court on Wednesday.
"The prosecution's brief is not compliant," he said.
"Mr McKinney is in Victoria and we are asking for an adjournment, it is a costly exercise for him to come here."
The head-on collision on the New England highway claimed the life of a 44-year-old mother-of-three on February 28.
McKinney is charged with dangerous driving occasioning death and negligent driving occasioning death.
Police allege he was travelling from Lismore to Victoria and crossed to the northbound lane near Rocky Gully, north of Bendemeer, shortly before 7:30am.
Legal Aid solicitor Wendy McAullife appeared in the matter on the last occasion in May and has been giving McKinney some advice.
"If need be I can assist," she said.
"He's in Victoria in rehab because of the injuries he sustained in the accident, which is why he isn't travelling."
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He lives in Berriwillock, Victoria, but has spent months in recovery in Newcastle's John Hunter Hospital.
Magistrate Julie Soars ordered the registry to notify McKinney that he must attend court on the next occasion unless he is legally represented.
Madeline Link
Madeline Link is a journalist at the Newcastle Herald, with a focus on Lake Macquarie City Council. To keep up with my stories, follow my Twitter @madeline_link, for tips email madeline.link@newcastleherald.com.au.
Madeline Link is a journalist at the Newcastle Herald, with a focus on Lake Macquarie City Council. To keep up with my stories, follow my Twitter @madeline_link, for tips email madeline.link@newcastleherald.com.au.
