A speeding driver who had ice in his system when he hit and killed an elderly pedestrian has been found guilty of culpable driving.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Dylan Wolter, 22, faced trial this week in the ACT Supreme Court over a collision that killed Natalie Ashley, 80, as she crossed Mawson Drive in August 2013.
She and her partner had properties on either side of the road, one which Mrs Ashley used as an art studio, while the other was the couple's home.
Mrs Ashley would often spend time painting at the studio, before returning home for meals. Evidence at the trial suggested she was always road-conscious and safe when crossing the street.
On the afternoon of August 16, she was crossing the street as Wolter approached in his car.
Evidence suggested Wolter was speeding, had ice in his system, and was close to the left hand side of the gutter.
He hit Mrs Ashley, killing her instantly.
He was charged with culpable driving causing Mrs Ashley's death, but pleaded not guilty to that offence and went to trial.
Wolter told a witness at the scene of the crash that he hadn't seen Mrs Ashley.
"I'm so sorry. I didn't see her. I just didn't see her," he is alleged to have said.
Defence barrister James Sabharwal said the evidence did not prove his client was affected by the drug ice at the time.
Mr Sabharwal said the prosecution had failed to prove the very high level of negligence they had alleged against him.
The jury returned a verdict of guilty late on Friday, after being sent out to begin deliberations about 11am.
Wolter was already in custody serving a sentence for minor thefts. He will remain behind bars until his October sentencing for the culpable driving charge.
In his closing address to the jury on Thursday, prosecutor Trent Hickey argued there was no way Wolter had not seen Mrs Ashley before he hit her.
"It is simply inexplicable that the accused didn't see her," he said.
He said Wolter would have had a clear line of sight.
Mr Hickey said other drivers had seen Mrs Ashley's body clearly on the road.
Conditions were said to be dry and clear, with light traffic, although the sun's setting would have caused glare at that time.
The Crown alleged that Wolter was driving aggressively, speeding and cutting a corner. Mr Hickey argued this was consistent with the effects of near-toxic levels of ice found in his blood.
He said Wolter had not been driving to the conditions.
Justice Richard Refshauge delivered his summing up in the case on Friday morning.
