Extra manslaughter charge could be laid if autopsy finds unborn twin took breath
AN autopsy will be carried out to determine whether an unborn baby drew a breath moments before dying after a horrific head-on crash.
NSW
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- Richard Moananu four times over the limit
- Family want driver charged over unborn babies’ deaths
- Law to be reviewed after fatal crash
AN autopsy will be carried out to determine whether an unborn baby drew a breath moments before dying after a horrific head-on crash.
The outcome could determine whether Richard Moananu, the allegedly drunk and speeding driver accused of causing the crash in Orchard Hills, faces a further charge of manslaughter, a court heard yesterday.
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The boy and his twin brother were not long away from birth when their eight-month pregnant mother Katherine Hoang, 23, and a teenage relative were killed in the September 28 accident. Ms Hoang’s husband Bronco was seriously injured.
Moananu, who unsuccessfully applied for bail in Penrith Local Court on Friday, is facing a list of charges including two counts of manslaughter, but prosecutors told the court more charges could be laid.
Under NSW law a baby must show independent life outside a mother’s body to be deemed a living person and the victim of a crime.
Premier Gladys Berejiklian is considering updating the law.
The court heard Moananu had been drinking all day when he allegedly slammed head-on into the oncoming car.
Police have said in court documents Moananu was unlicensed and speeding in a 60km/h zone when the crash occurred.
Yesterday the court heard that police had laid two extra charges against Moananu — high range drink driving and driving under the influence of cannabis — bringing his total charges to 10.
Moananu was allegedly driving at 137km/h and had a blood-alcohol level of 0.204 — more than four times the legal limit.
Prosecutor Lisa Graham alleged Moananu had been drinking at the St Mary’s Hotel from 10am to 6.45pm on the day of the crash.
Police have collected at least 20 witness statements from people who saw Moananu driving “erratically” in the lead-up to the fatality.
“He made some choices this day to drink from about 10am at the St Mary’s Hotel,” Ms Graham told the court.
Video footage of the crash, which was captured by security cameras near the accident site, was also shown to the court.
Moananu, who also suffered leg injuries in the accident, is yet to enter a plea over the charges.
Magistrate Stephen Curry refused Moananu’s application for bail and remanded him to appear again via videolink on November 23.