Janine Lusher stands trial for careless driving that caused the death of former SA Police officer Rolland Higgins at Highbury in 2021

Days after a fatal crash in 2021, this grandmother repeatedly claimed the other car “came out of nowhere”. Today at trial, she changed her story – and blamed the dead man.

A grandmother’s driving was so poor that she never saw the retired SA Police officer she killed in a head-on crash, claiming he “came out of nowhere”, a court has heard.

On Monday, prosecutors asked the Adelaide Magistrates Court to find Janine Lusher guilty of causing the death of Rolland “Rollie” Higgins by careless driving.

They said that, days after the 2021 crash, Ms Lusher insisted she was “on my side of the road” despite all evidence, including the debris of the two cars, proving otherwise.

They said she also neither admitted braking, swerving nor veering to avoid Mr Higgins, telling investigators “all of a sudden he was just there, and it was just bang”.

Janine Lusher with a supporter outside the Adelaide Magistrates Court. Picture: NewsWire / David Mariuz

However, Jon Lyons, for Ms Lusher, insisted the incident was more complex than his client’s original statement to police.

He said both cars had damage to the passenger sides of their bonnets, not the drivers’ sides.

“What could have happened was Mr Higgins went on to my client’s side of the road and corrected back to his side of the road,” he said.

“My client was trying to avoid an accident and went right, which put her on Mr Higgins’ side of the road, and bang.”

Ms Lusher, 62, has pleaded not guilty to aggravated driving without due care – downgraded from the original charge of causing Mr Higgins’ death by dangerous driving.

The head-on crash occurred on Lower North East Rd, Highbury, in December 2021 and Mr Higgins, 82, of Ashton, died from his injuries six days later.

Ms Lusher has pleaded not guilty. Picture: Emma Brasier

Opening the trial on Monday, the prosecutor said Mr Higgins was a former police prosecutor and court sheriff’s officer who had driven that road regularly for 45 years.

He said the evidence and Ms Lusher’s post-crash admissions would show she had “departed from her lane” into Mr Higgins’ path and failed to see him “until the point of impact”.

“She used the expression, a number of times, Mr Higgins’ car had ‘come out of nowhere’ – it did not come out of nowhere, there is no doubt it was driving directly toward her,” he said.

“In failing to look out of the front of her own car, in the direction she was driving, and failing to see a car on the same road as her, she failed to keep a proper lookout and is guilty.

“Even if Mr Higgins had been in her lane, and there is not the slightest bit of evidence suggesting that beyond conjecture, Ms Lusher on her own admission didn’t see him.

“She did not swerve, she did not brake, so she is responsible for the crash.”

The trial, before Magistrate Justin Wickens, is expected to take four days.