Accused 'dead set' he was not driving in crash that killed four

A man accused of being behind the wheel of a ute that collided head-on with a van, killing four people in Western New South Wales, has told a court he is "dead set" he was not driving at the time.

Jack Bowd, 25, has pleaded not guilty to four counts of dangerous driving occasioning death over the crash on the Newell Highway, south of Dubbo near Tomingley in September 2024.

His friends Joey Urban, 19, and Lochlann Jacobs, 18, died in the crash, along with Parkes couple Sue and Graham Tait, both 57.

Taking the stand in his own defence today, Mr Bowd described his first memories after the crash.

"I remember just opening my eyes, seeing the steering wheel and then I popped the door open, went on the ground head first, and then crawled out of the side of my car," he told the court.

"I realised I had a broken leg at that point."

Mr Bowd is facing a judge-alone trial in the Dubbo District Court, where the central issue is who was behind the wheel of his Toyota Hilux at the time of the crash.

Prosecutors allege Mr Bowd was driving, while the defence maintains Mr Jacobs had taken over driving before the crash.

The Crown alleges the ute was travelling more than 130 kilometres an hour and attempting to overtake a B-double truck on a bend when it collided head-on with the couple's van.

Accused recounts moments before crash

Mr Bowd told the court the three friends had been pig hunting in Goobang National Park, between Parkes and Baldry, when his dog Luna was struck by his ute.

He said they were travelling to Dubbo to seek veterinary treatment when the dog's condition deteriorated near Tomingley, prompting him to pull over.

Mr Bowd told the court Mr Jacobs offered to take over driving so he could sit in the back with the injured animal.

"Lochie said, 'If she's going to die I'd rather her die with you' … so he got in the driver's seat, and I sat in the back, and then we left," he told the court.

Mr Bowd said he remembered seeing headlights moments before the crash, but could not recall what happened next.

He also maintained he told police the truth when questioned at the crash scene and during a subsequent interview with police.

Earlier in the trial, the court was shown Snapchat footage allegedly depicting Mr Bowd driving the ute while holding a can of alcohol, with the speedometer reading 160km/h.

The footage showed Mr Jacobs sitting in the middle of the back seat with the injured dog, describing it in one video as "precious cargo back here".

Another video captioned by Mr Urban read "coming in hot to the vet".

Questions over memory

Under cross-examination, Crown prosecutor Michelle Swift questioned Mr Bowd about gaps in his memory.

"Some things I don't remember, some things I do," he told the court.

Mr Bowd conceded he could not remember seeing Mr Jacobs get into the driver's seat, but insisted his friend took over driving after they stopped near Tomingley.

"I definitely didn't get back in the driver's seat," he said.

"I'm dead set about that."

When Ms Swift suggested his memory could be fractured because of how much he had to drink, and that he had returned to the driver's seat, Mr Bowd rejected that proposition.

"I don't think it's fractured enough that I'm going to forget that. I know that I was not driving,"

he said.

Mr Bowd also could not remember when he learned his two friends had died, but said he knew of their deaths by the time he spoke to his mother from hospital.

"I remember telling her that I wish I kept driving, but I don't remember much else," he said.

He said he could not remember speaking to a passing motorist who stopped to help after the crash, or telling her he was "being a dickhead" when she asked him what happened.

"That's not the way I talk … I wouldn't say dickhead," Mr Bowd told the court.

"Maybe I've said it in the past, but it's not something I'd say, no."

Ms Swift suggested he began falsely denying he was driving after the witness told him his friends appeared to be dead.

"No, that is not true. I was not driving the car," he replied.

Snapchat witness gives evidence

A defence witness told the court he received a photo from Mr Bowd's Snapchat account on that night, taken from the back seat of a ute.

The witness said the image showed a dog resting on someone's lap with the caption, "no fishing tomorrow, big vet bills".

He told the court he believed Mr Bowd was sitting in the back because the message came from his account.

However, he conceded under cross-examination that no faces were visible and he could not identify the person sitting with the dog.

Judge Michael Smith is expected to deliver his judgment in December.