Owen Glendower Croft appeared in Armidale Local Court on Wednesday to answer charges stemming from the head-on collision on November 2 on the New England Highway, near the Chiswick Station.

Solicitor Glen Kee said the defence had gathered preliminary medical material which, along with submissions, had already been forwarded to the Director of Public Prosecutions, but representations would take six weeks.

“Mr Croft was hospitalised last Thursday with a heart configuration [condition],” he said.

Mr Kee said “there is an issue about whether there was a pre-existing condition” which could have contributed to the accident. 

“Given the nature of the possible defence of ... a pre-existing heart condition,” he told the court. The crash claimed the life of 68-year-old Phillip Morris from Tamworth, who was behind the wheel of an oncoming Ford Fairlane.

Mr Croft’s wife, Sally Croft, who was a passenger in the Subaru her husband was driving, died in hospital almost a week after the crash.

Croft was originally charged with five offences including dangerous driving occasioning death, negligent driving occasioning death, dangerous driving causing grievous bodily harm and motor vehicle driver cause bodily harm by misconduct.

He has since been charged with an extra offence of dangerous driving occasioning death by driving in a manner dangerous, in relation to his wife's death, following further investigations by police from the Northern Tablelands Crash Investigation Unit. Magistrate Michael Holmes granted the adjournment, but said there would be no further delays in the case.

“I want the matter to proceed on that occasion,” he said, adjourning the case to June.

But Mr Kee said he wanted to flag that the defence could also seek their own independent medical advice, which could further delay the case.

“The Crown may ask that Mr Croft be examined by their own doctors,” he said.