Mr Earl said he later asked permission from the attending doctor officers to talk to Mrs Hubbard and said she apologised to him and said it must have been her fault.
Mr Earl said he was taking prescription medication for anxiety, something he had suffered for about five years. He said he was not aware of any side effects other than making people drowsy so he only took them at night. He had taken two tablets the night before the accident but he had never experienced any side effects.
He said he had slept for eight hours the night before the accident, knowing he had a long journey to Nelson. "I wish I could tell you what happened but I honestly can't remember.''
Specialist road crash investigator Senior Constable Alistair Crossan told the court he had undertaken a detailed analysis of the crash site and the vehicles involved.
He said his investigation show the defendant's vehicle had crossed the centre line of the road at a shallow angle and had not slowed before the fatal impact.
He said the two vehicles had met "left head light to left head light'' sustaining considerable damage, before rotating away from the point of impact.
Dr Peter Rodwell, who attended the victims of the accident, said Mrs Hubbard had both pre-incident and post-incident memory loss and Mr Earl had only pre-incident memory loss which was very unusual from a head injury.
Dr Rodwell said memory was very complex and that most memories returned. He said lack of incident memory could arise from a head injury or from being asleep.
A truck driver who was travelling immediately behind a car driven by Mrs Hubbard told the court he saw the little white car drift across the centre line and collide with another vehicle.
Cain Lindegreen said he had been driving a truck from Waimate to Dunedin.
It was the first time he had driven the vehicle and he had been driving cautiously about 90km/h and about 200 metres behind the Hubbards' car.
"I have a picture in my mind like a polaroid photo of that white car drifting across the line and then all hell broke loose in front of me. In my mind's eye I still see the northbound red car in the correct position and the white car drifting across the line into it. In my entire life I have never seen anything like that,'' Mr Lindegreen told the court.
He said he then saw the red vehicle with a trailer spinning across the road and the white car tumbling. "That's the way it is in my head.''
Mr Lindegreen stopped and ran to the accident. He spoke first to the driver of the red vehicle, who asked if the people in the white car were all right. He then spoke to the occupants of the white car and saw a man in "great distress''.
After the accident, Mr Lindegreen continued on to Dunedin and spoke to the police in Oamaru the next day.
He said he had no idea who the people in the white car were and only found out days later that it had been the Hubbards.
Under prolonged cross-examination, Mr Lindegreen agreed that he had initially said he believed he had seen the red northbound vehicle swerve to avoid the white car as it crossed the centre line.
Other witnesses have given conflicting evidence to the court over which vehicle had been at fault.
Yesterday, Mrs Hubbard said she had no memory of the crash.
