A Canberra woman accused of killing the son of a former politician in a car crash admitted Wednesday for the first time that she was the one driving at the time of the accident.
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The concession, during a bid for bail, came shortly before the judge warned that many a trial had been lost on a bail application.
Angela Lea Smith, 34, was charged with culpable driving causing death over the January 2 crash on Yarra Glen in Hughes.
Police allege it was Ms Smith driving, and that she was speeding when the car rolled, throwing Jozef Stefaniak, 24, from the car. Mr Stefaniak, who is the son of long-time ACT Liberal politician Bill Stefaniak, suffered fatal head injuries.
Police allege Ms Smith, and her then-partner Kane Kell, 21, fled from the scene without helping Mr Stefaniak.
Police had first alleged it was Mr Kell behind the wheel, though he said it had been Mr Stefaniak. But Mr Kell was later freed from custody and Ms Smith arrested after fresh evidence emerged days after the crash.
Ms Smith has pleaded not guilty to culpable driving, as well as other charges around the crash, including drug driving and speeding, and failing to give assistance.
In the ACT Supreme Court on Wednesday Ms Smith, who has spent about three months in custody after being arrested late in January, asked for release while awaiting trial over the charges.
She took the stand to give evidence, telling the court she had not consumed drugs since being in prison, had changed her lifestyle, and wanted to get out of jail to reconnect with her eight children. She had completed as many courses as was possible since being in jail.
Her house had been boarded up, she said, and her car stolen since being in custody. She wanted to get out to check on the Conder home, as she had since received several police reports about incidents there since she had been locked up.
She said she was not receiving proper treatment at the jail for her pain and injuries following the accident.
But prosecutor Sam McLaughlin questioned Ms Smith about repeatedly committing offences or alleged offences while on bail.
She had failed to appear on numerous occasions at court, he suggested. Ms Smith also agreed that she had fled the scene of the crash, though denied she had seen Mr Stefaniak lying on the grass median strip. She said she believed he had already left the scene.
Ms Smith also agreed, under questioning from Mr McLaughlin, that she was the driver of the car on January 2 when it rolled over.
Her lawyers had earlier objected to the line of questioning, saying it went to issues that will be important at trial. But Justice Burns allowed the prosecutor to continue, noting that "many a trial's been lost on a bail application".
The court had before it a reference for Ms Smith, in which the writer said Ms Smith would "do anything for anyone".
The prosecutor questioned Ms Smith about the reference, and suggested her then-partner Mr Kell had spent a week in jail accused of causing the death of Mr Stefaniak, the offence Ms Smith is now charged with. He said Ms Smith had not gone to police.
Justice John Burns refused Ms Smith bail, saying that the statement of facts together with her concession that she was the one driving when the car rolled suggested a strong prosecution case.
Pointing to her history of failing to appear at court, and allegations she had given police a false name in the past, Justice Burns said there was a unacceptable likelihood she would fail to appear when required.
He also said there was no evidence she was not receiving adequate treatment at the jail.
"For those reasons I decline to grant bail," he said.
