Murder accused never braked before driving into victim, court told

Tony Worrell. Photo / Greg Bowker

Tony Worrell collided with the car driven by Katie Powles at a speed of about 85km per hour - and no forensic evidence was found that he braked or tried to avoid a collision, a court has heard.

Crash analyst Constable Christopher Peet said there wasn't enough time or distance for Mrs Powles, 26, to avoid a collision with Worrell.

After the impact both cars started spinning until their final resting places, Mrs Powles Mazda into a shallow ditch on a grass verge and Worrell's Nissan in the opposite lane with the rear left wheel against a bridge abutment.

The front right wheel and suspension had been pushed under her seat, trapping her legs, requiring the fire service to cut her free.

Worrell is defending a murder charge at the High Court at Auckland, arguing he didn't deliberately crash into the 26-year-old on June 3, 2008. She died in hospital a few hours after the crash.

Mr Peet said visibility was good at the time of the crash and the weather was fine and clear.

"Driving on the wrong side of the road is the primary causative factor for this crash. From a crash analysts perspective we are unable to ascertain the reason for the accused' movements in the westbound lane."

He told the court for Worrell's Nissan to collide with the red Mazda 323 driven by Mrs Powles there had to have been "other forces" acting on it to change its deflected path caused by the collision with a Fiat Uno.

The Fiat was driven by Brett Robinson who Worrell is accused of causing grievous bodily harm. Mr Robinson was seriously injured in the crash and has been unable to return to work.

Mr Peet said possible influences that could have changed the Nissan's deflected path were a deliberate or involuntary steering input, steering fault, damage from the first collision impacting on the steering or tyre pressures.

He couldn't say which.

Before the impact with Mr Robinson, Worrell is alleged to have crossed the centre line four times. Mr Peet said it couldn't be determined when those movements started or what caused them.

Worrell denies four additional charges of attempting to cause intentional damage.

Matthew Goodwin, representing Worrell, said it was the defence case that Worrell "didn't have suicide on his mind" the day of the accidents.

"Although his driving caused danger to road users, causing serious consequences for Mr Robinson and devastating consequences for Mrs Powles, the defence says Mr Worrell never meant to hurt either of those people."

Five defence witnesses will be called but Worrell will not give evidence himself.