Dad accused of being high on drugs during crash which killed daughter blames car seat
A Ballarat man is accused of being high on drugs when he allegedly drove his car into a tree, killing his four-year-old daughter.
But he is blaming the car seat she was in and will argue that it wasn't working properly at the time of the crash.
Tom Huby was distraught after the crash which killed his beloved little girl Isabella.
Several witnesses have told police he couldn't breathe and was crying uncontrollably.
But today he faced Ballarat Magisrates Court charged over her death.
In April last year, his car allegedly smashed into a tree at Cardigan, west of Ballarat. Isabella died at the scene.
He is facing six charges including culpable driving, being under the influence of drugs and not restraining her properly.
The court heard he's admitted to falling asleep behind the wheel, but that in an ambulance after the crash said: "Oh my baby. I'm so sorry. I was awake. I was fine".
The court also heard Huby plans to contest the cause of his little girl's death.
His lawyer said Isabella was in a car seat, but that it's since been taken off the market.
He plans to ask an expert if Isabella's injuries could have been prevented if it had been working properly.
Several witnesses will be called at Huby's committal hearing in August including experts on the impact of sleep deprivation and cannabis and methamphetamine use.
Until the hearing, Huby remains on bail.
