Did driver fatigue kill this four-year-old and their aunty?
A WOMAN who watched her little brother and aunty die in a car crash has testified in court, in a trial of the driver, Townsville man Shane Anthony Singho.
Singho, 49, has pleaded not guilty to dangerous operation of a vehicle causing death in the District Court in Mackay.
A jury of six men and six women was selected to sit on the trial on Monday.
Judge Stuart Durward told the jury that the trial had commenced last week but had to be stopped.
Crown prosecutor Susan Hedge said that about 7am on February 10, 2013, Singho had been driving a silver Kia Rio along the Bruce Hwy with three passengers.
She said the van left the road, went 200 metres through the grass and landed into Greta River upside down. Sandra Clay died by drowning and four-year-old Jakob French died by inhalation of blood.
Ms Hedge said the key question in the trial would be whether Singho's driving had been dangerous - that he was responsible for driving in such a fatigued state that he posed a danger.
Walgni Mitchell, 22, was the first to testify in the trial yesterday morning. She said she had travelled to Maryborough for a funeral and was travelling back to her home in Townsville with family when the crash occurred. She had been the carer of her brother Jakob French at the time.
She testified that the group had stopped at her uncle's house in Rockhampton on the night of February 9. They had stopped, eaten food, watched the footy and then left town.
Mrs Mitchell said she'd fallen asleep in the car. At one point, she woke up when Singho stopped at a service station for about half an hour.
Singho "looked tired" and had red eyes, she said.
Mrs Mitchell woke one time to her wheels going over a road line.
"I seen the car starting to go to the right side... I yelled 'brakes' and Aunty Sandra yelled out to Shane and he slammed the brakes on, we slid down the side of the road," she said.
A Japanese woman testified that on that day she and her partner had been driving behind a car. They'd seen it move from side to side on the road and speed up and slow down. The woman said she'd seen the car drive off the road.
Tracey Jochheim also testified. She said she'd been travelling from Bowen to Proserpine Dam when she was flagged down by an Asian man. She saw a car in the creek.
Ms Jochheim said she spoke to the driver of the car, who told her it was "his fault" and he'd fallen asleep on the road, he'd meant to put his foot on the brake but he'd put it on the accelerator.