Patrick Nealon appeared ‘very drunk’ and ‘stumbling’ after fatal crash, court told
Almost three years since the death of Nicole Lewanksi, Irishman Patrick Nealon’s trial began on Wednesday. It’s alleged he had been drinking that day prior to the crash in which the student was thrown up into the air.
Central Sydney
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A man accused of killing a student in a fatal crash allegedly told emergency services at the scene he’d had “maybe 15 schooners,” a court heard.
Witnesses said they heard a “roaring engine” screaming down a highway in Sydney’s south just before a 22-year-old Nicole Lewanksi was thrown into the air and killed.
The four-week trial of Patrick Nealon, 36, began on Wednesday, almost three years since Ms Lewanksi died as she waited to cross the Princes Highway in Wolli Creek.
Nealon is charged with aggravated dangerous driving occasioning the death of the University of Technology student about 5.45pm on December 14, 2016, while she stood on a pedestrian island.
The Irish national has pleaded not guilty.
The court heard police deemed Nealon to be too intoxicated for interview, and he was charged at the scene.
Blood alcohol test conducted at St George Hospital returned a reading of 0.169 — more than three times the legal limit, the court was told.
Bus driver Bishoy Youssef, a Crown witness, told the jury he was waiting at the lights on Brodie Sparks Dr to turn left onto the Princes Highway when he heard a car “screaming”.
He saw the blue ute “crashing into” the pedestrian island, and Ms Lewanski landing on the road.
“I saw this lady just flying from one side to the other,” Mr Youssef said.
CCTV footage taken from the bus Mr Youssef was driving played in court showed a blue vehicle speed across the screen having missed the intersection.
“It was going bloody fast,” he said. “It didn’t look in control at all … just swerving around.
“I stopped and looked because it crashed very loudly.
“After the crash I saw someone flying and then bang into the ground. A body.
“When I looked she didn’t move.”
Fellow witness Barry Faulks, who the court heard was also waiting to cross the highway, said he watched the tragic incident unfold in a “split second”.
Mr Faulks heard a “very loud” vehicle noise “like a V8” and looked up to see the vehicle plough into the guard rail, traffic light police “and what I was sure was a person”.
The ute swung around before travelling across three lanes of traffic and coming to a rest in the gutter, Mr Faulks said.
Its bonnet was missing and there was smoke and steam billowing from it, he said.
“I thought there was nothing I could do (for Ms Lewanski),” he told the court.
“I thought my best service could be found there.”
While onlookers rushed to perform CPR to Mr Lewanski, Mr Faulks ran to the vehicle and helped pull out the injured passenger before returning to assist the driver, the court heard.
He later pointed out to police Nealon, who had moved to the nearby Woolworths carpark, as the driver when they arrived on the scene.
Defence barrister Nick Baltimos during cross examination put to Mr Faulks that he had not made a statement to police indicating he could smell alcohol on Nealon’s breath as he helped him from the car.
“That’s correct, I did not,” Mr Faulks said.
Earlier today when opening the Crown’s case, prosecutor Christopher Taylor told a jury the accused had been drinking since 1.30pm before he got behind the wheel that day.
Mr Taylor said witnesses reported to police that Nealon was headed south “very fast” on a 60km/h stretch of the highway in the moments before the alleged crash, with his V8 SS Commodore making a “growling noise”.
The dark blue ute Nealom was allegedly driving smashed into a traffic light and fence protecting the pedestrian island, sliding sideways and colliding with Ms Lewanski — launching her into the air.
“She landed on the road some distance away from the collision,” Mr Taylor said.
“That collision caused her death.”
Nealon had been told to turn right at the intersection near the Wolli Creek train station by a passenger, the court heard, when he lost control.
The vehicle skidded sideways 60m from the crash site and came to a rest on the wrong side of the road, Mr Taylor said.
Witnesses who responded to the incident also described the accused to appear “very drunk” and “stumbling”, the court heard.
“There was a strong smell of intoxicating liquor on his breath,” Mr Taylor said.
The trial before Judge Jennie Girdham continues.
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