A man accused of causing a crash that killed his close mate at Anambah, outside Rutherford, last month told investigators he was not speeding and had swerved to avoid hitting a kangaroo.
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Jamie Patrick Fogg, 33, of Rutherford, has been charged with dangerous driving occasioning death and negligent driving occasioning death over the crash that killed his mate, 28-year-old father-of-three Luke Cooke, on the night of November 7.
Mr Fogg, who is represented by criminal defence lawyer Drew Hamilton, appeared in Maitland Local Court on Wednesday.
He did not enter any pleas and the matter was adjourned until February.
Mr Fogg remains on bail.
According to court documents, Mr Fogg and Mr Cooke were in Mr Fogg's blue Ford Ranger and heading north on Anambah Road about 9pm on November 7.
The pair, who were the only two occupants of the vehicle, were driving from Rutherford to Anambah to get firewood.
But crash investigators say that as Mr Fogg was rounding a sweeping right hand bend, about 1.5 kilometres north of Niven Parade, his vehicle left the road, travelling along a grass shoulder for about 12 metres before colliding with a guardrail.
The force of the collision tore the guardrail out of the ground and the vehicle travelled over the railing for about 40 metres, resulting in Mr Cooke being thrown from the vehicle.
He died at the scene.
Mr Fogg suffered minor injuries and was able to get out of the car.
Police attended and say they breath tested Mr Fogg, who returned a positive result.
However, he could not be subjected to further testing because he had to be taken to hospital by ambulance because he had suffered suspected injuries, police said.
Mr Fogg was taken to John Hunter Hospital where a blood sample was taken.
He was later discharged and taken to Maitland police station where he supplied a version of events to police, claiming that he swerved to miss a kangaroo as he rounded the bend prior to the crash.
Mr Fogg denied he was speeding and told police he was travelling at 60km/h prior to the collision, according to court documents.
The signposted speed limit for the stretch of road is 100km/h, police said.
Crash investigators say an examination of Mr Fogg's vehicle revealed his two front tyres were "well below legal tread depth" and he had failed to navigate the sweeping bend, causing the crash.
And they say the result of Mr Fogg's blood sample is still outstanding and could result in further charges being laid.
Tragically, Mr Cooke was the second man to die on Anambah Road in less than a week last month.
