Skid marks at the scene of a fatal tanker crash on Sydney's northern beaches show the truck driver was going too fast, a court has heard.
Shane Day, 47, is charged with multiple offences, including two counts of dangerous driving occasioning death, after the tanker rolled on its side, burst into flames and collided with several cars in Mona Vale in October 2013.
Two people were killed and five were injured.
During a brief hearing on Friday, Day's lawyer Rajiv Baldeo questioned the evidence of a crown witness who used GPS to determine Day's speed at the time of the crash, saying there was a "clear problem" with how that data was retrieved.
"Without the prosecution being able to prove the speed of this vehicle, the crown case fails," he said.
Mr Baldeo said there were also defects with the Cootes truck's brakes.
But although prosecutor Mark Finlay conceded there was a problem with the brakes - describing them as "worn" and in need of adjustment - he said they were able to work.
"Analysis of skid marks also show he was driving too fast," Mr Finlay submitted.
Day was also in too high a gear at the time, the court heard.
Magistrate Janet Wahlquist granted Mr Baldeo's application to cross examine a number of crown witnesses during a committal hearing later this year, saying there was a "live defence".
Day did not appear in court.
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