Magistrate breaks down while convicting cement truck driver over Sydney fatal crash

A Sydney magistrate has broken down in tears as he convicted a truck driver of negligence over a fatal crash in Sydney’s southwest last year.

Osman Osman was behind the wheel of a 33-tonne concrete pumper when it ploughed into a ute on busy Canterbury Road in April after truck and trailer lurched wildly to the right.

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John Negherbon was in the ute and died instantly.

Osman had insisted the first truck, seen in CCTV exclusively obtained by 7NEWS, blocked his view and argued that when it swerved off at speed, he could not have anticipated the next car would be stationary.

“There was nothing that showed me there was a danger in front of me,” he said in a police statement tendered in court.

Osman, who has suffered depression since the fatal crash, told the court he had been up to 40m behind the first truck.

But based on crash investigations, magistrate Glen Walsh determined he was negligent and described the cement truck as a “lethal weapon”.

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The case clearly affected Walsh, who started weeping in court before composing himself to convict Osman of the charge of negligent driving causing death in Bankstown Local Court on Tuesday.

Walsh said Osman was driving “so closely behind the swerving truck he could not see the traffic conditions.”

Speaking outside court, Osman’s lawyer said there were no winners in this case.

“Obviously with these type of matters, there are never ever any winners.

It’s a tragedy on both ends,” he told 7NEWS.

“Both families are affected, and it’s an unfortunate series of events that have led to a tragedy.”

Police have no intention of identifying the driver of the first rig implicated in the CCTV vision.

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