Young Rutherglen woman Jessica McLennan was a “sitting duck” when she was killed in a devastating fatal crash, a prosecutor has argued.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The jury has inspected the crash scene as the trial began in Tuesday – their task will be to determine if Brock Kusen should be held criminally responsible for her death.
His BMW drifted onto the wrong side of the road and collided head-on with Miss McLennan’s Nissan while driving through Lilliput about 6.30am on June 1 last year.
Kusen, now 20, was on his way home from night shift work in Wangaratta and Miss McLennan, 23, was driving to her job as a nurse at Wangaratta hospital.
He has been charged with dangerous driving causing death, but pleaded not guilty on the grounds the crash was just an accident.
The jury, consisting of nine men and three women, travelled from Wangaratta County Court to Rutherglen-Springhurst Road on Tuesday for the first day of the trial to familiarise themselves with the scene that will be explained to them during what was expected to be a four or five-day hearing.
Safety improvements have been made in the 17 months since the crash, with rumble strips down the middle of the straight stretch of road.
Earlier, crown prosecutor Andrew Moore told the jury that Rutherglen woman Bronwyn Holloway was driving in front of Ms McLennan that morning and saw Kusen’s car drift onto the wrong side of the road.
She tried to take evasive action, but he “sideswiped” her car, pushing it into a paddock.
Ms Holloway, who was also a nurse in Wangaratta, escaped injury from the crash.
“That left Jessica McLennan a sitting duck, she was behind Ms Holloway’s car. The accused virtually hit her head-on,” Mr Moore said.
“His driving on the incorrect side of the road, be it because of misjudgment or inattention … made this disaster predictable and almost inevitable.”
Ms McLennan was airlifted to hospital in Melbourne after the crash, but died three days later.
Family and friends of both Ms McLennan and Kusen were in Wangaratta for the trial, but could not all sit through details of how she was found seriously injured, having to walk out of the courtroom.
Kusen sat quietly in the dock of the courtroom during the first day.
Police from the major collision investigation unit, including a reconstruction engineer, and one of Kusen’s Alpine MDF workmates will give evidence in the trial.
Driver lost all memory of deadly collision
The case against Brock Kusen will come down to a decision over whether his driving was a criminal act or just a tragic accident.
Defence barrister Diana Price told the jury on Tuesday that her client did not dispute he drifted over the centre line of Rutherglen-Springhurst Road, nor the fatal injuries sustained by Jessica McLennan.
But she argued the prosecution did not have enough evidence to prove the driving was “dangerous”.
Police ruled out speed, alcohol and drugs as possible causes of the crash last year.
“Within a split second he collided with Miss McLennan and this is where the tragedy occurs,” Ms Price said.
“This case is an absolute tragedy in that a young woman has lost her life.
“Mr Kusen can’t say to you how or why he drifted over the wrong side of the road … he has no memory of it.”
He was trapped after the crash, needing to be extracted by SES volunteers, and was taken to hospital for surgery on serious injuries.
Ms Price said there was no explanation for Kusen being on the wrong side of the road and the prosecution could not rule out the chance of a “micro sleep” in that moment.
“Without the answer to that question of ‘why?’, the prosecution can’t prove the charge of dangerous driving causing death,” she said.
The defence will cross-examine the MCIU experts about the details of exactly where Kusen’s car was positioned when it collided with Miss McLennan’s vehicle.
Prosecutor Andrew Moore argued Kusen’s driving was more than just a slight breach of the road rules.
He said by being 1.1 metres to 1.6 metres over the centre line, the driving was a serious breach of having control of the car which produce a real risk.
The trial continues.