A Macgregor man accused of killing his friend in a crash had been drinking at a party shortly before the accident, a court has heard.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Thomas Robins blew 0.066 when tested by police responding to the fatal accident.
Robins, 23, went on trial in the ACT Supreme Court on Friday over the death of Kyall Green in January last year. The plumber is accused of culpable driving occasioning death. He has pleaded not guilty.
On the opening day of the trial, jurors heard Robins and Mr Green were part of a group of four friends who had been drinking at a party in Higgins on Sunday, January 20.
The foursome decided to continue the party at Robins' Macgregor home and, after a quick detour, jumped in his work Mitsubishi Triton utility for the short trip there. Two men rode in the tray while the accused drove and Mr Green sat in the passenger seat.
The two men in the tray began to ''horse around'' and Mr Green partially climbed out of the ute's window in order to take photos on his phone. The Crown says Robins became distracted by the trio and was driving too fast when he entered the roundabout intersection of Cannan Crescent and Constance Stone Street about 12.45am. The ute rolled on its side, crushing Mr Green.
The 22-year-old was rushed to the Canberra Hospital with serious head injuries but died the following afternoon. The other three men, including the accused, escaped uninjured. Robins has not contested that he was drinking and was the driver of the vehicle at the time of the accident.
Defence barrister James Lawton, in his opening address, read a list of admissions from the accused, including that the car had been mechanically sound, the weather had been clear, the road surface dry and smooth and the road well lit.
The Crown - led by ACT Director of Public Prosecutions Jon White - said Robins' negligence caused the fatal crash. Mr White said Robins did not stop the car to end the distracting behaviour by his friends, instead driving on, unable to fully concentrate on the road.
The prosecutor alleged this matched the definition for culpable driving, which requires a jury to find that a defendant, to a gross degree, failed to take the standard of care that a reasonable person would have observed in the same circumstances.
Mr White urged jurors to put their sympathy aside and dispassionately assess the evidence in deciding their verdict.
The trial before Justice John Burns continues on Monday.