Driver kissing girlfriend before crash, court told

Auckland High Court. Photo / Dean Purcell

A court has heard conflicting witness testimonies in the trial of a man accused of deliberately killing another driver by swerving into her oncoming car.

Faaotaota Faaotaota, now 21, is on trial in the High Court at Auckland charged with the murder of Melva May Smiler, 55, and inflicting grievous bodily harm on her passenger, Gail Kara.

He has pleaded not guilty to both charges but guilty to manslaughter.

Ms Smiler was killed in the south Auckland suburb of Manurewa in November 2008 when Faaotaota's car crossed the centre line on Dalgety Drive and crashed into her vehicle.

Faaotaota was more than four times over the legal breath alcohol limit for drivers under 20 and had been smoking marijuana.

Witness Meri Katipa said she saw Faaotaota and his passenger arguing before the crash. He was scowling at her and not looking at the road when he swung his steering wheel to the right and careened into the oncoming car, she said.

Ms Smiler had no chance of getting out of the way of Faaotaota's car. She was muttering and drifting in and out of consciousness when Ms Katipa went to help her in the wreckage.

Ms Katipa also went to see if she could help the people in the other car, which had a toddler and a baby in the back seat, but was abused by Faaotaota.

"He was nutting out at us like it was our fault ... He was just swearing at us, I couldn't really understand him it was like it was another language," she said.

Ms Katipa, who had been driving for about 19 years, said she had not driven since the crash.

Contrary to this testimony and in line with the defence case, Crown witness Sikosan Chea said he saw Faaotaota leaning over and kissing the woman in the passenger's seat seconds before the crash.

Faaotaota's lawyers argue this was the reason he lost control of the vehicle and, while he should never have been driving, he did not have a murderous intent.

- NZPA