The defence lawyer of a man accused of driving a vehicle that hit and killed Kyneton woman Alicia Little claims his client “did not see” her coming from behind a water tank at the property.
Charles Evans, charged with murder, culpable driving causing death and driving a motor vehicle that was dangerous to the public, appeared at Bendigo Magistrates’ Court on Monday for a contested committal hearing.
The court heard police on Monday charged Evans with the two driving-specific offences.
Evans was charged with murder on December 28, 2017 – the day of the alleged offence – but his defence counsel, Peter Morrissey, told the court there was “no real basis for the murder charge”.
In discussing his intended submissions with Magistrate Patrick Southey, Mr Morrissey told the court the vehicle was allegedly driven by his client at a moderate speed of 16 kilometres per hour.
Mr Morrissey said Evans did not see Ms Little coming from behind a water tank at the property and allegedly collided with her.
“Whether it's a mistake or not - the (major collision unit) reconstruction has said he (Evans) has braked,” he said.
“She's collided with the side of the vehicle and the tragedy is she's been caught by the back tray.
“There's no evidence that he perceived he was going to hit her and did so anyway.”
Crown prosecutor Neill Hutton said while there was no evidence to suggest the skid marks were created during the collision, there was evidence that indicated Evans had Ms Little’s phone around the time of the incident.
Five witnesses were called on the first day of the hearing, including forensic pathologist Doctor Paul Bedford.
During cross-examination by Mr Morrissey, the court heard Ms Little’s cause of death was multiple injuries which stemmed from numerous broken ribs and back bones that caused internal bleeding.
The court heard a toxicology report indicated Ms Little had traces of alcohol and marijuana in her system.
Two witnesses are expected to give evidence in court on Tuesday before the defence and prosecution give submissions.
Magistrate Southey will decide if there is sufficient evidence to warrant a trial in the Supreme Court.
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