The hearing for a Canberra father accused of negligent driving over a crash that killed his seven-year-old daughter has been delayed after a court was told authorities had failed to hand over road signs critical to the defence case.
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Christopher James Ward, 73, pleaded not guilty in the ACT Magistrates Court to negligent driving causing death and failure to give way stemming from the two-car collision at a Florey intersection in which his daughter, Acacia Ward, died in July 2015.
Ward's defence team this week launched a bid for those charges to be stayed, at least temporarily, arguing repeated attempts to get the ACT government and a private contractor to produce signs at the intersection at the time of the crash had been unsuccessful.
Magistrate Peter Morrison refused to grant the stay, prompting Ward's lawyers to make an application for that decision to be reviewed in the ACT Supreme Court.
The matter came before Justice Hilary Penfold briefly on Tuesday.
Defence barrister Jack Pappas, instructed by Ben Aulich and Associates, argued the signs could have obstructed Mr Ward's vision and confusion about their current whereabouts meant a crucial expert witness was unable to prepare his report.
"Mr Ward finds himself between a rock and a hard place," Mr Pappas said.
Prosecutor Mark Fernandez said the Crown had provided "substantial assistance" to the defence in trying to secure the signs - which he said were "in effect, a red herring" - and argued the three-day hearing set down for this week should go ahead.
The hearing was vacated after Justice Penfold granted a month-long stay of proceedings to give both sides more time to find the road signs. The matter returns to court on March 16.
A review of the decision in the lower court is expected to be heard at a later date.
Ward was charged after the Nissan Pulsar he was driving and a Nissan Navara collided at the northside intersection about 7pm on July 22.
Police said the Navara had been travelling west on Southern Cross Drive and the Pulsar had been turning right into Chewings Street when the two cars crashed.
Paramedics treated Acacia at the scene but she was later pronounced dead at Calvary Hospital.
The defendant and the driver of the Navara were not physically injured but were traumatised by the smash, police said.
Acacia, who was in Year 2 at Kaleen Primary School, was remembered after her death as an outgoing girl and brilliant musician who wanted to become prime minister of Australia.
