Man faces court after 'frightening, costly' truck collision with train

A man has pleaded guilty to two charges over a crash that derailed a train in the Northern Territory and seriously injured at least two other people.

Christopher Berto, now 37, was driving a prime mover on June 14, 2023, in the Katherine region when the vehicle collided with a locomotive.

The court heard he was on his fourth run of the morning, moving tonnes of gravel from a quarry.

The truck caused the freight train to derail, injuring two workers on board.

Mr Berto pleaded guilty to two counts of careless driving causing serious harm, a plea the defence said he took at the earliest opportunity, in Darwin Local Court today.

Marty Aust SC said his client could not explain why he did not see the crossing lights when they started flashing and that there was no speeding, drug or alcohol use involved.

"At that point in time he has about 70 seconds to slow the vehicle before he started skidding … the prime mover was not capable of being stopped so he had to make a split-second decision to try and get it across," Mr Aust said.

"Ultimately he wasn't able to get the trailers across. He narrowly escaped serious, serious injury, but the consequences were serious to two persons in the locomotive."

Mr Berto conceded people had been seriously harmed and that the derailment was "frightening and costly".

"[Mr Berto] has been experiencing flashbacks, he has had to undergo counselling sessions himself … he understands that is exactly what [the injured people] would be going through, and in addition they have physical complications," Mr Aust said.

He argued that the two workers suffered serious harm but their injuries were towards the lower end of the spectrum.

Mr Berto, a Katherine resident, was supported in court by his family, including two of his children.

Mr Aust argued his client should not be disqualified from driving because he was a father of four and the family's sole provider, and had "never had an issue" driving before or since the offending.

Crown seeks imprisonment

Prosecutor Rhiannon McGlinn said the Crown would not ask the court to disqualify Mr Berto from driving, but sought a term of imprisonment. She said the Crown would be open to such a sentence being wholly suspended.

Ms McGlinn said one of the men who was injured required surgery to his wrist and had suffered psychological injuries.

"He could not return to work for three and a half months after this event," she said.

Ms McGlinn said the other worker suffered a back injury that required ongoing physiotherapy.

"He can't even hold his children up for too long due to his ongoing back pain," she said.

Ms McGlinn said the man also suffered financial strain and had to change careers.

Mr Berto's matter will return to court next month for sentencing.