Worrell's lawyer argues accused never meant to hurt anyone

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Tue, 03 Nov 2009 6:05p.m.

Tony Worrell

Tony Worrell

By Adam Ray

The jury in the Tony Worrell murder trial today heard evidence from investigators who examined the crash scene where newlywed Katie Powles was killed.

They told the court that she and another driver had no way of avoiding Worrell's oncoming car.

Worrell's lawyer says his client did not intend to kill Ms Powles when he hit her.

Worrell was on the wrong side of the road, driving at speeds between 80 and 100km/h when he hit Brett Robinson and then Ms Powles.

"Insufficient time and distance was available for either Mr Robinson or Mrs Powles to avoid a collision with the Nissan," says Constable Christopher Peet.

Both the prosecution and defence agree on how the crashes happened. Both sides say Worrell did not brake before the collisions, and the main cause of both was that he was on the wrong side of the road.

"From a crash analyst's perspective, we are unable to ascertain the reason for the accused's movement onto the westbound lane," says Const Peet.

Worrell's lawyer Matthew Goodwin said his client's driving had tragic consequences, but it wasn't deliberate.

"Sadly, the defence case is that he did not mean to hurt either of those people," he says.

Dr Martin Wolley helped treat Worrell when he was hospitalised four days before the crashes for combining alcohol and sedatives.

Worrell was assessed but not found to be suicidal; he was however suffering from very low blood sugar levels, or hypoglycaemia.

"People at that stage can get irritable, drowsy, a bit like they are intoxicated," says Dr Wolley.

But under cross-examination, the doctor said Worrell was highly unlikely to have been suffering from hypoglycaemia when he crashed.

The defence are calling just five witnesses, and told the jury that Worrell won't be taking the stand. Prosecution and defence lawyers will make their closing submissions tomorrow and the jury could start deliberating on Thursday.

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