Spence said that in February 2022, Rushton arrived in Melbourne aboard the Spirit of Tasmania and was travelling to NSW in a white Toyota Hiace van to complete deliveries in places including Tamworth, Nyngan, Dubbo and West Wyalong.
As he travelled along Labuan Road at about 88km/h, data shows he attempted to brake about 1¼ seconds before colliding with an unmarked police car, a Ford Ranger belonging to a local detective, travelling at 100 km/h.
Following the impact, the Toyota struck a tree, killing Rushton. Two police officers were hospitalised with serious injuries.
The second deadly collision, in April, was captured on dashcam footage. A 29-year-old man was later charged with five counts of dangerous driving causing death for allegedly pushing the Toyota into the path of a truck.
Spence said while coronial investigations usually commenced after criminal proceedings ended, initial inquiries found they could both run at the same time.
He said this was because the coronial investigation would examine issues separate to the actions of the Mercedes driver. These issues, he said, included the history of the intersection over the past 10 years, what changes had been implemented as a result of these, such as signage and road markings, and what, if any, changes are planned.
The coroner will also have access to body-worn camera footage and in-car video of a police intercept of the Mercedes-Benz by members of the Cobram highway patrol shortly before the most recent deadly crash, he said.
The Murray Valley Highway is managed by the state government and Labuan Road by Moira Shire Council.
Families of the four international workers killed this year watched the hearing remotely with the assistance of translators.
Kathryn Footner, representing the families of three of the international workers killed in April, said they supported the coronial investigation occurring as soon as possible as they didn’t want this to happen to anyone else.
The Strathmerton intersection a day after a horrific crash that killed five people.Credit: Nine News
In May, this masthead revealed police had sounded the alarm about the stretch of road more than a year before April’s deadly crash.
Both the Department of Transport and the Moira Shire Council were told that signage at the intersection in Strathmerton was inadequate and handed a list of recommended improvements after a February 2022 site visit.
At the time, police had undertaken a fatal collision audit of the intersection after Rushton’s van failed to give way and smashed into an unmarked police car.
The intersection is a notorious black spot in the area.Credit: The Age
That collision was the third at or near the intersection since December 2021, and came amid a series of near-misses.
Among other things, the report suggested removing a bump on the road caused by an old railway line embankment on Labuan Road that reduced visibility.
The Department of Transport made some improvements to signage and installed rumble strips at the crossroads following the audit but did not act on the remaining recommendations put forward by police.
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