IT was a tragic accident and not an act of negligent driving that caused the crash that killed 18-year-old Tiarni Simpson in the Upper Allyn last year.
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Tayla Johnson, 20, was on Monday found not guilty of causing the death of her best friend, a magistrate finding she was not being negligent when she pulled her car over to the left on a narrow stretch of dirt road before the car slid out and rolled down a steep embankment and into the Allyn River.
Ms Johnson was driving a Toyota Landcruiser in the Upper Allyn on January 17 last year when she pulled over to the left of a precarious stretch of road to let an oncoming vehicle pass.
Ms Simpson, known as TJ, was in the front passenger seat and the pair were heading home after camping at nearby spot Ladies Well.
But police had alleged Ms Johnson pulled "too far" to the left, her tyres losing grip on the road. Ms Johnson tried desperately to regain traction and correct the vehicle but it began to slide down the embankment before rolling about 20 metres down the sharp cliff face.
The Landcruiser came to rest on a rock ledge alongside the river, but rolled once more onto its roof in the water. A number of witnesses heroically climbed down the cliff face to rescue the women.
Ms Johnson was able to free herself from the vehicle, but Ms Simpson was trapped in the car underwater for between 10 and 15 minutes before she could be cut free.
It would not be unreasonable to expect an ordinary, prudent driver to have done the same thing Ms Johnson did in these circumstances.
- Barrister Ben Bickford
Ms Johnson, who is represented by barrister Ben Bickford and solicitor John Anthony, had faced a hearing last week focusing on her decision to pull over to the left on that precarious stretch of road. On Monday, Magistrate John Chicken found Ms Johnson not guilty.
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