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3:56AM Tuesday 02 December, 2008

Rivalry explodes at crash scene

4 September 2008

Coolum tow-truck driver Dean John Gillard pleaded guilty in Maroochydore Magistrates Court this week to punching a rival driver in the face at an accident scene.

But the 42-year-old told the court he was provoked, saying Ryan Matheson had shown him a newspaper clipping of an accident that killed an 11-year-old girl on the Gold Coast.

“The girl was killed by running into the back of my tow truck,” Mr Gillard said.

“I’ve been seeing a counsellor about it.

“He put a photo of an accident scene in my face where a girl died to get a reaction.

“That’s a dirty tactic and it’s not right.

“I tried to get the folder. (Then) I walked away. He came over and said ‘I’ve destroyed it’ and laughed in my face. That’s when I jobbed him.”

Mr Gillard already had a broken down vehicle on the back of his truck and a customer in the cabin when he stopped at a crash at the corner of Scholars Drive and University Way about 9.40am on February 15.

He told the court this week that he had a second hitch on his tow truck to “sign up” a second car, which should have been “rostered” as his under a police system.

When police asked him at the scene how he would tow the second car, he said “I don’t know, I just didn’t want him to get it.”

Police prosecutor Tanya Fitzgerald told the court that Mr Matheson, from Clayton’s Towing, arrived at 9.30am and had permission from ambulance officers to engage with an injured 88-year-old woman.

Senior Constable Fitzgerald said Mr Gillard, from Harvey’s Towing, turned up 10 minutes later, approached the patient and began talking in a raised voice.

Snr Const Fitzgerald said Mr Gillard was saying “this is our area and we have towing rights” and refused to move when ambulance staff asked to him to go away because their patient was deteriorating.

She said there was yelling, followed by a scuffle and then Mr Gillard hit the other towie with a closed fist to the left-hand side of his face.

Sen Const Fitzgerald said Mr Gillard had no prior criminal or traffic history and his actions “seemed out of character”.

Police sought compensation for the victim for “pain and suffering”, but the money was not awarded.

After hearing about the crash photo, the magistrate said there was some degree of provocation.

Mr Gillard was fined $250. No conviction was recorded.

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