Darren Kirwood, 32, fronts court charged with culpable driving causing death

A prison guard accused of killing a mother-of-three in a horror Winchelsea crash while drink driving has fronted court.

Darren Kirwood leaves Geelong Court.

Witnesses who allegedly saw a prison guard accused of killing a mother-of-three in a horror crash driving erratically will be quizzed in court.

Darren Kirwood, 32, appeared in Geelong Magistrates Court on Tuesday for a committal mention, facing a number of charges including culpable driving causing death.

At a bail hearing, the court was told Mr Kirwood was driving home from his best mate’s wedding before the crash on the Winchelsea-Deans Marsh Rd in Winchelsea on March 9.

Dean’s Marsh woman Kylie Doak, 55, was killed in the collision.

Kylie Doak

The Barwon Prison officer allegedly had a BAC of 0.116, a previous hearing was told.

On Tuesday Matthew Senia, for Kirwood, applied for leave to cross-examine several prosecution witnesses during a committal hearing.

These included three civilian witnesses, and a police crash reconstruction expert who provided a report.

The court heard the prosecution opposed leave being granted to cross examine the witnesses.

“The situation is that there have been two offers made by the defence to resolve this matter, both have been rejected,” Mr Senia told the court.

“Now we’re seeking an opportunity to test the witnesses, test the evidence at committal.”

In relation to the police’s expert, Mr Senia said questions would be put to the officer to see whether the Crown could prove all the elements of culpable driving.

Under the Crimes Act, culpable driving causing death carries a 20 year maximum.

Questions would focus on how he made the findings in his report, what material he relied upon and what factors he may or may not have taken into account.

Darren Kirwood

Magistrate Peter Mellas asked what grounds Mr Senia would raise to question the expert report and asked if he the defence had their own expert report to contradict the prosecution’s.

“It’s speculative,” he told Mr Senia.

“It’s not speculative sir, it will then inform the defence as to whether we need a report as well,” Mr Senia replied.

“Right here and now, what have you got that casts any doubt about the veracity of the report?” Mr Mellas said during the exchange.

Mr Senia said “with the greatest respect” that Mr Mellas was putting the cart before the horse.

Mr Mellas refused the defence leave to cross examine the expert witness, but granted leave to cross-examine the civilian witnesses.

The three civilian witnesses allegedly saw Mr Kirwood driving erratically before the crash.

Mr Senia said it was not even clear from one witness statement that the vehicle the witness saw was Mr Kirwood’s.

“The witness may not be able to identify the accused’s vehicle because the statement is too vague,” Mr Senia said.

Prosecutor Philippa Long conceded that one statement was “slightly less clear” than the other two, but said they had provided “straight forward witness accounts”.

Mr Mellas said: “Plenty of straightforward accounts have unravelled when asked a few questions.”

Mr Kirwood, who is on bail, will reappear in court in February.

Originally published as Darren Kirwood, 32, fronts court charged with culpable driving causing death