A man who has pleaded not guilty to culpable driving causing the death of a Malaysian student three years ago is due to stand trial in the ACT Supreme Court this month.
According to a police statement of facts, tendered to the court, Paul Clifford Murray, 42, was driving along Limestone Avenue in Braddon on the afternoon of November 3, 2005, when he momentarily fell asleep at the wheel, veering off the road and hitting 23-year-old Tze Shyan Chang.
Mr Chang, a Malaysian citizen studying at the Australian National University, had been cutting the grass on the nature strip when he was struck.
Murray got out of his car, called for an ambulance and went to help Mr Chang, explaining to an onlooker that he had fallen asleep at the wheel.
Mr Chang was taken to hospital, where he died later that night.
Murray told police that the night before he had been to ICBM nightclub in Civic and later to Sinsations in Mitchell.
On the day of the accident, he ate lunch in Civic before driving home, having not slept properly since early the day before.
He admitted that he had noticed himself nodding off while driving but had not stopped.
He said he woke up as his car crossed the gutter, when he accidentally pushed the accelerator.
He had no alcohol in his system at the time of the accident, but said he had been on anti-depressants which interfered with his sleep.
Tests showed the drugs in his system were within the acceptable range.
His trial has been set down for November 17.