Loader `hit Boy Twice'

Newcastle Herald

Tuesday October 30, 2001

A FRONT-END loader ran over a boy twice when it was used to chase youths from a Redhead sand quarry, Newcastle Court was told yesterday.

Sen Constable Gerard Lawson alleged that the vehicle's front, right wheel ran over 13-year-old Michael Milne when the loader pushed its way through trees on an area set aside for revegetation.

A youth had alerted driver Wayne Kelvin Lavender to the possibility that he had run over Michael.

Mr Lavender allegedly reversed the loader and discovered Michael lying onhis back, the court was told.

`It is believed that, in reversing his vehicle, the front tyre passed over the deceased a second time,' Sen Constable Lawson said in a statement attached to the court papers.

Mr Lavender, 44, of Burwood Rd, Whitebridge, was charged with the manslaughter of Michael on October 2.

The charge alleged that Mr Lavender recklessly drove the loader through bush while chasing Michael, who was with three other young people.

A second charge alleged that he drove the loader dangerously when Michael's death was caused by the loader's impact.

Mr Lavender did not enter pleas to the charges.

Magistrate Alan Railton adjourned them until December 4 for mention.

He allowed $2000 self-bail without security.

Sen Constable Lawson said the police case would be that Mr Lavender and Allan Davis were working as front-end loader operators at the sand quarry, off Kallaroo Rd, at 1.30pm on October 2.

Around that time, Mr Lavender had seen four youths playing on a sand pile.

He had begun to drive his loader at the boys, who ran off into bush.

Mr Lavender had followed.

He had said he was trying to warn the boys off the site.

Sen Constable Lawson alleged Mr Lavender lost sight of the youths but kept driving the loader along a disused track through to an access road on the other side of the regrowth area.

Mr Lavender had re-entered the bush at the same point that he had left it.

Seeing two of the boys, he had followed them through a stand of dead tree trunks and used his bucket to push through the debris.

`He watched the boys disappear behind a group of trees ahead and steered a gradual right turn, pushing over the trees,' Sen Constable Lawson alleged.

The police officer said it was apparent that Michael had taken refuge behind the trees and was run over by the machine's front wheel.

He said Mr Lavender used a mobile phone to call emergency services.

© 2001 Newcastle Herald

Back to News Index | Back to Home