A Howlong man broke the law by drink-driving but could not be blamed for the death of a motorcyclist after he pulled his ute into his path, it has been argued in closing submissions to an Albury District Court trial.
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Defence barrister Brad Hughes, SC, said on Friday that Phillip Ross Franks was not legally responsible for 23-year-old Billy Bolton's death.
Bolton crashed into the Nissan Navara on July 19, 2018, about 8.30pm, after Franks, 65, turned right into the gravel driveway of his home on Lowe Street.
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Franks, the court has heard, had a high-range blood alcohol level of 0.160 and Mr Bolton, who was riding an unregistered KTM 250cc trail bike without a helmet and with his lights turned off, a reading of 0.225.
Mr Bolton was riding with a friend, Harley Turner, whose evidence Mr Hughes said held no weight given a litany of inconsistencies.
Mr Hughes submitted that no one would have been able to evade Mr Bolton's motorcycle, as it was pitch dark and the victim was speeding; one expert estimated at 67km/h in what was a 50km/h zone.
"He didn't have any lights coming towards him, he didn't have anything to alert him that a motorcycle was approaching," he said.
"And so the alcohol played no part in what occurred, according to the Crown's own expert," that an "average driver" couldn't have avoided the collision.
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The crash occurred in a dip in the road in front of Franks' driveway, about 25 metres from a hill that Mr Bolton crested moments before impact.
In a judge-only trial, Franks has contested the substantive charges of dangerous driving occasioning death while under the influence and aggravated dangerous driving occasioning death, the former being an alternative charge for the latter.
Crown prosecutor Paul Kerr submitted to judge Sean Grant that Franks' level of intoxication was crucial.
"It is a tragedy in so many ways, particularly because it's a tragedy that could have been avoided in so many ways," he said.
"Had he not (been highly intoxicated) we would not be here.
"Billy Bolton is not on trial. While his conduct may have contributed to the collision, it's the conduct of the accused that should be and must be held accountable."
Mr Kerr said Franks' job was to ensure the road ahead was clear.
But, as supported by expert testimony, he had "tunnel vision" because his intoxication meant he couldn't use his peripheral vision.
"Had he (stopped), in that second or two, it would have been the difference between Billy Bolton being alive or dead."
Judge Grant will deliver his verdict on August 21.