Highway patrol cop Harry Little on trial for crash that nearly killed Gai Vieira in Cronulla

The reason a cop was tearing down a busy road before a crash that almost killed the wife of a prominent Sydney racehorse identity has been heard in court.

An experienced highway patrol officer was speeding at more than 60km over the limit in the seconds before a crash that left the wife of a prominent Sydney racehorse identity with injuries so severe she may never fully recover, a court has heard.

The trial of Senior Constable Harry Thomas Little began before the NSW District Court on Tuesday over a horrific collision that nearly killed Gai Vieira, wife of racing mogul Bert Vieira.

Mr Little was travelling at 135km/h in a 70 zone, without his lights and sirens, on a highway in Cronulla on September 5, 2018, just before slamming into a Mercedes being driven by Ms Vieira, the court heard.

The 42-year-old, who has pleaded not guilty to dangerous driving occasioning grievous bodily harm, is expected to give evidence that he wrongly believed the lights and sirens were on as he pursued another vehicle.

Bert Vieira (front left) with his wife Gai (right) in April 2018. Picture: AAP Image/David Moir

His fully marked Ford Falcon patrol vehicle hit the side of Ms Vieira’s car at the corner of the Kingsway and Connels Road, leaving her with life-threatening injuries.

Ms Vieira suffered a severe brain injury in the crash “from which she will likely never recover”, Crown prosecutor Carl Young told the court on Tuesday.

Both parties agree the grandmother suffered internal bleeding and a devastating traumatic brain injury that is likely to leave her with a “permanent and severe disability”.

The officer, who joined the force in 2002, was working a shift in the statewide Operation Compliance on the day of the incident – which targeted traffic infringements, the court heard.

Harry Little arriving for the first day of his trial. Picture: NCA NewsWire/Gaye Gerard

The court heard he was attempting to catch a VW driver suspected of using their phone while driving as his vehicle screamed down the Sutherland Shire thoroughfare.

Mr Young told the court data obtained from Mr Little’s vehicle following the crash showed he accelerated to about 122km/h soon after entering the Kingsway and headed west.

What happened in the next 25 seconds would be the key debate in the trial, Mr Young said.

The Crown says Mr Little broke to about 73km/h so he could quickly overtake an L-Plater in the right hand lane before again speeding up to 135km/h about one second before Ms Vieira turned into the intersection.

She had been aiming to cross three westbound lanes into the far eastbound lanes when the patrol car careered into her luxury vehicle.

Gai Vieira was left with a serious brain injury.

“The Crown case was that this police car did not have its sirens on and did not have its police lights on,” Mr Young told the court.

Mr Little slammed on his breaks but the Ford still T-boned the driver’s side of the Mercedes at approximately 87.5km/h, Mr Young said.

Ms Vieira, then 68, was left in a coma and fighting for her life.

Mr Little’s barrister Hament Dhanji, SC, told the jury in his opening address his client thought he had activated his lights and sirens as he was called into action on the Kingsway at about 11.53am.

Mr Dhanji said there was no dispute over who was driving the cars or about the “very severe consequences” the crash had dealt on Ms Vieira and those she loved.

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

The patrol car being driven by Harry Little that day. Picture: 9 News

But he said the defence would argue that Mr Little was not driving dangerously as he was of the belief he had activated his warnings lights and sirens, Mr Dhanji said.

He said the jury would hear evidence that police car control panels don’t always respond “in the manner the operator expects”.

“What you will hear is that when Mr Little have his account of the accident on the 20th of September (2018) - he said that to the best of his recollection he activated his lights after he passed the vehicle with the L-plates,” Mr Dhanji said.

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

The barrister also said the fact his client was driving a fully marked patrol car, particularly one being driven at speed, might have created an “expectation” that other drivers would give way.

Despite his best efforts the police officer was “was unable to stop in time to avoid a collision … there were serious consequences as a result of that”, Mr Dhanji said.

Mr Little sat in the dock wearing a dark suit while several of his supporters sat in the packed gallery.

The trial continues before Judge Sarah Huggett.

Originally published as Highway patrol cop Harry Little on trial for crash that nearly killed Gai Vieira in Cronulla