Cop told colleague he ‘didn’t have a chance’ to activate lights, sirens after horror crash with Gai Vieira: court

A court has heard how a cop charged over a devastating high-speed car crash made a major admission to a colleague in the moments after the incident.

A highway patrol officer charged over a horrific crash that left a grandmother with severe brain injuries told a superior he “didn’t have a chance” to turn on his lights and sirens as he tore down a busy Sydney road, a court has heard.

Senior Constable Harry Thomas Little, 42, is on trial before the NSW District Court over the high-speed collision in Cronulla in 2018 that nearly killed Gai Vieira.

Mr Little was on duty and driving his patrol car at 135km/h in a 70 zone, without his lights and sirens, along the Kingsway on September 5, 2018, just before slamming into a Mercedes being driven by Ms Vieira.

Racing mogul Bert Vieira (left) with wife Gai (right) at the track in April 2018. Picture; AAP Image/David Moir

Gai Vieira was left in a coma following the crash.

Ms Vieira, the wife of Sydney racing identity Bert Vieira, was pulling out from the intersection at Connels Road into the Kingsway when her Mercedes was T-boned on the driver’s side.

She suffered a severe traumatic brain injury that will likely leave here with a “permanent and severe disability”, the court has heard.

Mr Little has pleaded not guilty to dangerous driving occasioning grievous bodily harm, and is expected to give evidence that he wrongly believed the lights and sirens were on as he pursued another driver thought to be using their mobile phone.

On Wednesday one of Mr Little’s colleagues who worked with him at the Sutherland Highway Patrol squad gave evidence about what he witnessed on the day of the crash.

Gai Vieira's Mercedes in Cronulla on September 5, 2018. Picture: 9 News

Sergeant Grant Howell told the court he was stationed as a lookout near the Kingsway as he helped coordinate local efforts in the statewide Operation Compliance – a crackdown on traffic infringements such as mobile phone use.

He spotted a woman driving a Volkswagen Beetle having an “animated discussion” on her phone, and radioed the report on.

The experienced Mr Little, Sergeant Howell said, had been given the job of pulling over people seen using their phones while driving and took off from a side street to pursue the Volkswagen.

Harry Little is expected to give evidence during the trial. Picture: NCA NewsWire / Gaye Gerard

Soon after there was a message over the radio from Mr Little, Sergeant Howell said.

“I think it was something like … urgent I’ve been involved in a collision,” the court heard.

Minutes later the sergeant arrived at the crash scene near the intersection with Connels Road to find Ms Vieira already pulled from her car receiving treatment and Mr Little sitting on a fence off to the side.

“He had two cuts on his brow, which were bleeding, and he also had a graze on his elbow,” Sergeant Howell said.

“He said something like: ‘I don’t really care about myself, I’m just worried about her’.”

Ms Vieira, then 68, was taken to St George Hospital but Mr Little was first conveyed back to Cronulla police station for assessment.

During the drive back to station Mr Little made an admission to Sergeant Howell, who was in the car, the court heard.

“I didn’t have a chance to put my lights on. It happened so quick. She was right in front of me,” Mr Little said, according to his colleague.

The patrol car Senior Constable Harry Thomas Little was driving on September 5, 2018. Picture: 9 News

The court has heard Mr Little accelerated his vehicle to speeds of 122 and 135km/h in the 25 seconds between entering the Kingsway and colliding with Ms Vieira’s car.

The crash occurred soon after he had moved to overtake a L-plater driving in the right hand lane.

The learner driver, Kamil Kozlowski, told the court he did not see lights or hear sirens as the patrol car changed lanes to move past him.

Mr Kozlowski said he was about 30 metres away from the crash when it happened.

“I remember a Mercedes pulling out from Connels Road … and the police car colliding with that vehicle,” he said.

Mr Kozlowski’s mother Marta, who was supervising her son, remembered in court seeing the Ford Falcon pass their Hyundai and slam into M Vieira’s car.

“We saw the impact because it was so strong … I could see (it) straight away,” she said.

Bert Vieira attended court on Tuesday with son Trent. Picture: NCA NewsWire/Bianca De Marchi

In his opening address on Tuesday, Mr Little’s barrister Hament Dhanji, SC, told the jury there was no dispute over who was driving the cars or about the “very severe consequences” the crash had.

But he said the defence would argue that Mr Little was not driving dangerously as he believed he had activated his warnings lights and sirens, and was behind the wheel of a fully marked patrol car.

The court heard his client said in a statement on September 20, 2018, that his recollection was his lights and sirens were switched on.

Under cross examination, another of Mr Little’s colleagues told the court the buttons that turn on lights and sirens could be tricky and needed to be pressed “properly and firmly”.

Sergeant Garth Quin added that he had experienced moments when he had thought his warning signals were on, only to realise they weren’t, from “time to time … maybe once or twice a year”.

The trial continues.

Originally published as Cop told colleague he ‘didn’t have a chance’ to activate lights, sirens after horror crash with Gai Vieira: court