The P-plate driver who drifted onto the wrong side of the road into oncoming traffic, killing Rutherglen’s Jessica McLennan, has been accused of “deadly inattention”.
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Friday’s final day of arguments in the trial of Brock Kusen, 20, was emotional for Miss McLennan’s family – some who had to walk out of the courtroom in tears as defence barrister Diana Price said the prosecution could not prove the crash was anything other than a tragic accident.
Kusen has pleaded not guilty to the charge of dangerous driving causing death in Lilliput on June 1 last year, but did not give evidence.
Crown prosecutor Andrew Moore took a different tone during his closing arguments to the jury in Wangaratta County Court, describing how Kusen hit a Ford Falcon then Miss McLennan’s Nissan.
“This young woman, Jessica McLennan, had her life taken from her because of a few moments of what the Crown calls deadly inattention. That inattention allows his vehicle to cross into the other lane and start the whole tragic chain – a fatal chain of circumstances,” he said. “You can imagine her driving along to the hospital (where she worked in Wangaratta) and this all happens in her lane, with nowhere to go.”
He said there was no margin for error when driving at 100km/h on a country road.
“This catastrophe could have easily been avoided if he had kept a lookout,” Mr Moore said.
“On both sides there has been indescribable suffering, which no doubt will continue.”
The main point of Kusen’s defence was the possibility he had a “microsleep”, which Ms Price said meant his action of drifting onto the wrong side of the road was involuntary and could not be classed as dangerous.
Mr Moore described the theory as nothing more than an afterthought, while Ms Price said the prosecution’s argument that Kusen was not paying attention was just speculation because the 20-year-old could not remember the crash.
“(A microsleep) jumps out on the evidence as an entirely likely scenario of what happened,” Ms Price said.
“When it happens when someone is driving, the consequences can be catastrophic.”
Judge Paul Lacava told the jury they should only base their decisions on the evidence from the trial.
“There is no doubt that this trial is an unfortunate tragedy from both sides’ points of view. One can understand the feelings and emotions of the family of the deceased and the family of the accused man,” he said.
The jury will start its deliberations on Monday.
Damage to ABS possible: mechanic
The mechanic who inspected the wrecked cars involved in last year’s fatal Lilliput crash has not ruled out that wheel damage on Brock Kusen’s BMW caused a skid on the road.
Police reconstruction expert Detective Sergeant Robert Hay had previously told the jury a 12-metre skid mark left on Rutherglen-Springhurst Road showed Kusen had been awake to slam on the brakes.
He said the first collision with a Ford Falcon, before Kusen went on to hit Jessica McLennan’s Nissan, was a “sideswipe” and unlikely to cause enough damage to lock the wheels.
Police mechanic Senior Constable Nicholas Brickley, told the court on Friday he did not know the circumstances of the crash, but said in some situations, a collision would be enough to damage an ABS system and cause a malfunction, locking the brakes.
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