Jury considers verdict in car crash death case

Tony Worrell's defence said he was suffering a hypoglycaemic attack. Photo / Greg Bowker

A High Court jury has retired to consider whether Tony Worrell murdered Katie Powles by deliberately crashing into her car.

The trial judge, Justice Pamela Andrews, summed up the case this morning.

Police allege that Worrell, 50, deliberately crashed into Mrs Powles on June 3, 2008, in Linwood Rd, Karaka, because he was suicidal.

He is also charged with causing another motorist, Brett Robinson, grievous bodily harm when he collided with him seconds before he ploughed into Mrs Powles, and four counts of attempting to cause intentional damage relating to allegations that he did nothing to avoid hitting four other cars on the same stretch of road.

He denies all the charges.

In his closing address, prosecutor Kieran Raftery said there was something deliberate about Worrell's actions that night.

He told the jury a person could be found guilty of murder even though they did not intend the person to die.

The defence would say he was suffering a hypoglycaemic attack, but the Crown case was Worrell's behaviour that night pointed to him being drunk.

The jury were told he was more than twice the legal limit to be driving.

Mr Raftery said there was no evidence Worrell tried to change course or attempted to avoid the collision with Mr Robinson's Fiat Uno.

"This wasn't someone gradually drifting ... there was some control there."

That was evidence he wasn't "slipping rapidly into a hypoglycaemic state" but had made a deliberate decision to be in the path of the vehicles.

Matthew Goodwin, representing Worrell, said the accused did not intend to hit any of the vehicles.

"He didn't intend to hurt anybody and certainly had no murderous intent."

Mr Goodwin said he accepted Worrell's driving had tragic consequences and everyone wished they could turn the clock back.

Despite medical witnesses saying it was unlikely he was having a hypoglycaemic attack, the Crown could not exclude that beyond reasonable doubt.

He said that if Worrell was suicidal as the Crown claimed, he could have driven into cars long before he collided with Mr Robinson and Mrs Powles.

The lawyer said the fact that Worrell had his seatbelt fastened was inconsistent with the claim he was trying to kill himself.