A COURT has been told there are still pieces of evidence outstanding in the case against a Tamworth man accused of causing the death of two family members in a crash near Walcha.
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Stephen George Russell, 58, did not appear in Tamworth Local Court when his eight charges, including dangerous driving occasioning death, were mentioned by his solicitor Peter Schmidt.
Police prosecutor Sergeant Rob Baillie said "there is a brief sitting next to me" and he was "asking for an adjournment for it to be reviewed to see it is compliant or not".
The court heard the prosecution had spoken to the officer-in-charge from the Crash Investigation Unit and they "understand there is some outstanding items" in the brief.
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Magistrate Julie Soars was told the brief items were expected in mid-November and she adjourned the case to the end of the month.
"His bail is to continue," Ms Soars said.
Russell was allegedly driving a Toyota Prado towing a caravan on the Oxley Highway when it struck a railing, rolled and slammed into a tree on January 3.
Lynette Marie Russell, 72, who was in the front seat, and 38-year-old Stephen Leslie Russell, who was in the back seat, died at the scene as a result of their injuries.
Russell Snr is yet to enter pleas but is charged with two counts of dangerous driving occasioning death, negligent driving occasioning death and towing a vehicle too heavy for the towing attachment.
He is also charged with towed vehicle exceeding the maximum laden weight; dangerous driving causing grievous bodily harm; negligent driving occasioning grievous bodily harm; and trying to pervert the course of justice.
The DPP will take charge of the case, which will mean it is moved to the district court for trial or sentence, because of the seriousness of the charges.
If found guilty of dangerous driving occasioning death, Russell faces a maximum penalty of 10 years' imprisonment.
A 38-year-old woman, who was trapped in the wreckage of the crash for some time, suffered head and spinal injuries and was also airlifted to Tamworth hospital.
Specialist crash investigators spent hours examining the scene, the Toyota Prado and the caravan.
After extensive investigations, Russell was charged by the Oxley Crash Investigation Unit in June and had his driver's licence suspended.
At the time, police said one dog died in the incident and another survived.
It's believed the family had set off from Tamworth and were headed east along the Oxley Highway.
Breanna Chillingworth
Northern Daily Leader Senior Crime and Court Reporter
Northern Daily Leader Senior Crime and Court Reporter
