A MAN charged with dangerous driving causing death and failing to stop and give assistance was suffering post-traumatic amnesia immediately after the fatality, Bathurst District Court heard yesterday.
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Barrister Bill Walsh told Judge Andrew Colefax, who was presiding over the judge-only trial, that his client Andrew Thompson, 23, was not capable of rendering assistance to his friend Nicholas Johnston because Thompson had also suffered head injuries in the crash.
However, crown prosecutor Chris Bailey denied this, saying the accused had told a web of lies to ultimately free himself of any liability.
Mr Johnston died at the scene of the crash.
Dressed in prison greens, Thompson stood with his hands clasped as he pleaded guilty to the charge of dangerous driving causing death and pleaded not guilty to failing to stop to provide assistance.
Mr Bailey opened proceedings by recalling that on the afternoon of April 21, 2010, Thompson and Mr Johnston were together working on a Commo-dore. They worked together and were friends.
They drove the car to Hen and Chicken Lane, but it broke down. After being picked up by friends, they returned a short time later in a second car, which is when the crash occurred.
Mr Bailey told the court that Thompson was driving at the time of the crash and Mr Johnston was in the front passenger’s seat.
A police car, which had received a report about the first car abandoned on Hen and Chicken Lane, came across the crash minutes after it occurred.
“They found Johnston trapped inside and the accused not present. A few minutes after their arrival Johnston died,” Mr Bailey said.
Mr Bailey told how the accused made his way to a nearby property, the home of Kevin and Janet Smith, for assistance.
“He told Mrs Smith he had fallen from a motorcycle. There was no mention he was in the company of Johnston or that Johnston was left trapped.”
Mr Bailey continued, saying that following the accident the accused offered Constable Colin Crome a substantially different version of the crash, claiming there was a third person driving the car. Mr Bailey said the accused later admitted he was driving the vehicle.
The Crown argued that the number of untruths told by the accused, despite his head injury, demonstrated his capacity to construct scenarios which freed him of any liability in the incident.
A report given to the court said victims of post-traumatic amnesia were not able to store recent memory – things that happened minutes or hours ago.
“Yet he told Mrs Smith he had fallen off a motorbike; that never happened,” Mr Bailey said.
“When he spoke to Constable Crome he told him a different story.
“His lies illustrate he was not affected by post- traumatic amnesia.”
Janet Dawn Smith, the owner of the house the accused went to immediately after the crash, also gave evidence yesterday, saying Thompson was covered in blood when he knocked at their door.
Mrs Smith told the court Thompson said he had fallen off his bike but asked her not to call the police as he didn’t have a licence. He then gave her the 10-digit mobile phone number of his girlfriend and asked Mrs Smith to ring her.
Mrs Smith was asked to describe Thompson’s state, which she said was confused, disorientated and agitated. Defence barrister Bill Walsh described Mrs Smith’s evidence as very important.
“The evidence is clear. He was agitated, muttering, falling down, didn’t seem to be with it, confused and disorientated,” he said.
Mr Walsh said Thompson’s condition was consistent with an expert’s report of someone suffering post-traumatic amnesia. He said a critical part in this indictment lay in the wording “fail to stop and give assistance as was necessary and in his power to give”.
Judge Colefax reserved his judgement until a later date in this District Court sitting.