Guilty verdict for truck driver on painkillers in fatal Merrylands crash
A truck driver who ploughed into two elderly men while they were gardening in Merrylands in 2017 has been found guilty of dangerous driving occasioning death after consuming a “toxic level” of pain medication in the lead-up to the fatal crash.
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A truck driver who ploughed into two elderly men while they were gardening in Merrylands in 2017 has been found guilty of dangerous driving occasioning death after consuming a “toxic level” of pain medication in the lead-up to the crash.
Moustaffa Zreika, 30, from Carlingford, was driving a small truck along a road in Merrylands on July 22, 2017 when he left the roadway and crashed through several properties killing Tannous Daher, 82, and injuring Milad Moujalli, 75.
The jury returned its verdict today at Parramatta District Court after less than two days deliberating, following the trial.
He was found guilty on both counts of dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm.
He was refused bail and will reappear on August 2 for sentencing.
Following the verdict, Mr Daher’s son Tom Daher spoke to the Advertiser and said the family was pleased with the outcome.
“We are happy. We asked for justice and justice was served and that was all we were after,” he said.
“It is a small step so we can move forward. It does not bring dad back but it was not a slap in the face.”
Crown Prosecutor Kate Nightingale told the jury during the trial that Mr Zreika had a “toxic level” of Tramadol in his system which impacted his ability to drive a vehicle safely.
Following the crash, Mr Zreika underwent a drug test which showed a considerable amount of Tramadol in his system, as well as a small amount of cocaine and diazepam.
He told police he had taken four tablets of the prescribed pain medication Tramadol between the night before and morning of the incident.
Ms Nightingale disputed that claim and said it was most likely six tablets.
Either way, she said it was well above the prescribed limit of one tablet every 12 hours.
Ms Nightingale argued that his symptoms following the crash were consistent with a drug overdose on Tramadol, allegedly supported by the opinion of a medical professional, which played a major factor in the deadly crash.
She also told the court that he ignored a doctor’s warning after suffering a seizure in January 2016 not to drive.
She said he would have known that a blackout could have happened again while he was driving and, that by taking a high level of Tramadol, he put himself at risk of suffering another seizure and also risked the wellbeing of others.
“He drove not because he thought it was safe to do so but because he wanted to.”
Defence lawyer Michael Fokkes argued that the crash was not caused by an overdose of Tramadol and that Mr Zreika held an honest belief that he was safe to drive on that day.
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He told the court he had undiagnosed epilepsy at the time of the crash — which has since been diagnosed — and alleged he suffered a focal seizure which caused the crash.
He argued that Mr Zreika’s symptoms straight after the crash were consistent with someone who had suffered a seizure, not a drug overdose, which was also allegedly supported by the opinion of a medical professional.
Mr Fokkes argued Mr Zreika had good reason to believe he was fit to drive as he had allegedly not suffered a seizure in the 18 months before the incident.
He also told the court that while studies show Tramadol can result in a seizure the potential was very low, alleged to be about one in every 1000 cases for high doses according to a study.
“It is impossible to tell whether Tramadol had any impact on the seizure.”
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