Richard Alexander Davis accused of lying about medical condition during Mullumbimby fatal crash trial in Lismore
A North Coast man on trial for manslaughter after he crashed his car into an elderly couple in the Byron Shire has been accused of lying in court about a medical episode.
Regional News
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A Brunswick Heads man on trial for manslaughter has been accused of lying about a seizure he says caused a horror Mullumbimby crash which cost an elderly couple their lives.
The prosecution told Lismore District Court that Richard Alexander Davis slammed into the car occupied by Anne Bolan, 79, and her husband Peter Bolan, 80, during a failed attempt to take his own life.
Mr Davis, 32, has strongly denied the alleged self-harm attempt and said on Wednesday in court that he was “insulted” by the suggestion.
The 32-year-old has pleaded not guilty to two counts of manslaughter and two counts of dangerous driving occasioning death after the crash on Mullumbimby Rd about 11.45am on September 1, 2019.
Prosecutors allege Mr Davis drove on the wrong side of the road before the crash.
On Thursday, the prosecution argued the Bolans died in Mr Davis’ “wilful” attempt to take his own life, but Mr Davis’ defence counters he has no memory of the crash after an epileptic seizure.
The prosecution told the court there was no forensic evidence before the court showing Mr Davis lived with epilepsy. The court also heard there was no evidence Mr Davis was prescribed epilepsy medication and a 2011 seizure was caused by withdrawals from valium prescribed for insomnia.
The prosecution told the court Mr Davis “fabricated” claims he experienced a “vague out” episode in 2015 and woke up on a neighbours’ lawn with no memory of how he got there.
Mr Davis told the court he should have had the incident investigated by medical professionals.
Prosecutors said transport authorities were not told about Mr Davis’ claimed seizures when he was getting his licence in 2016.
They argued Mr Davis suffered serious mental health issues and a “lifetime of untreatable insomnia that led to drug addictions” and “binge drinking” before the crash.
The prosecution also told the court Mr Davis’ relationship was “rocky” and he had been hospitalised for suspected drug and alcohol overdoses before the crash.
“Not a happy picture, and seriously concerning mental state in the 60 days prior to the collision,” the Crown prosecutor said.
Mr Davis denied in court any attempt to take his own life
Defence barrister Megan Cusack has argued Mr Davis was not negligent driving as a person with epilepsy and it was reasonable he assumed he would not have a seizure.
But the prosecution said if Mr Davis lived with epilepsy he should have known there was a risk of seizures and a “failure to investigate” past episodes would be reckless.
Judge Jennifer English is due to hand down a verdict in the judge-only trial early next week.
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