Former Australian Army soldier Anthony Brandt outside the County Court. Picture: Jake Nowakowski Source: Herald Sun
A FORMER Australian solider has been found not guilty of killing a mate while skylarking in an 11-tonne armoured vehicle during a training exercise.
Anthony Brandt, 28, was on trial in the County Court in Melbourne, charged with dangerous driving causing death over the incident that killed Pte David Jon Smith.
Pte Smith died after the armoured personnel carrier he was in with Mr Brandt rolled during a training exercise at Puckapunyal military camp in June 2009.
Pte Smith had previously served in both Iraq and Afghanistan.
During the trial the jury was told the vehicle was being driven by Mr Brandt, who was taking orders from Pte Smith, who was commanding from the turret.
The pair were engaged in a training exercise with another vehicle at the time.
Prosecutor Christopher Dane, QC, told the court the vehicle rolled after Mr Brandt had performed a manoeuvre not in line with the training exercise.
"(Mr Brandt) executed the act too fast. He caused the vehicle to roll over and caused the death of a man,'' Mr Dane said.
But John Dickinson, SC, had argued that as the driver, Mr Brandt was obliged to take orders from the vehicle commander, who was responsible for navigating the vehicle.
Mr Dickinson said the officers had performed the manoeuvre in line with expectations they continually work to improve their vehicle handling expertise.
The jury took less than a day to reach a verdict.
It was the second trial for Mr Brandt after a jury in an earlier trial was discharged.
shannon.deery@news.com.au
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