KEY POINTS:
A man accused of murder was close to breaking point when he drove off the summit of an Auckland hill, killing his nine-year-old daughter, a court was told today.
Crown prosecutor Brian Dickey said the 29-year-old man had been upset about several issues before he crashed through a barrier and down a steep bank on Mount Wellington on August 21, 2005.
"It seemed he suffered from some underlying stresses that had built for some months but had got worse in the week preceding the crash," he told the High Court at Auckland.
"The Crown's case is that he had come to a breaking point."
The man, who has interim name suppression, is also charged with the attempted murder of the other passenger in the four-wheel-drive vehicle, his younger daughter, who was four at the time.
He pleaded not guilty in a soft voice when the two counts were put to him on the opening day of his trial.
The defence's case is that the crash was an accident.
Mr Dickey told the jury that police interviews with the man indicated that he had been angry and distressed on the day in question.
An immigrant, he had believed his application for residency had been going too slowly.
As well, his two children suffered from a rare genetic disorder that left them with serious hearing problems, and he had reacted badly to news from medical professionals that the elder daughter would not benefit from having a hearing implant.
He also perceived an employment issue over the time he was taking off for his children's medical condition, although it was not a view shared by his employers, Mr Dickey said.
Another source of stress was the difficulties he was having in his relationship with his wife.
On the day of the crash, he announced to her that their marriage was over and took off his wedding ring, before leaving with the girls in the four-wheel-drive.
Mr Dickey said a period of time then elapsed, during which the man had mobile phone conversations with his wife and with police who arrived at his home.
In the calls, the man had effectively said, "This is it, it's over", and at one point began a countdown.
About 3.46pm, he drove the family vehicle not just from the top of the hill, but from the steepest part, Mr Dickey said.
The car went through the barrier at more than 50km/h, "a significant speed given the contour of the road".
"When it went through the barrier, it was effectively flying," he said.
"It then connected with a sunken, concrete point, almost bounced and became airborne again."
Neither the man nor either of his daughters was wearing a seat belt and they were thrown from the vehicle.
The elder girl died at the scene from head and brain injuries.
The younger girl suffered injuries that were not life-threatening and from which she, now six, had recovered, while the man received "some pretty minor" injuries.
The Crown expected to present evidence from 50 witnesses during the trial, which is scheduled to last just under three weeks.
Meanwhile, Justice Mark Cooper said he intended to give a written judgment on whether name suppression should continue.
Until then, the man's identity and that of his family would remain suppressed.
- NZPA
