Truck driver who slammed into two men in Merrylands to receive verdict
The driver of a small truck which ploughed into two elderly men while they were gardening in Merrylands in 2017 — killing one and seriously injuring another — will learn the outcome of his trial after the jury retire to consider its verdict.
Parramatta
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The driver of a small truck which ploughed into two elderly men while they were gardening in Merrylands in 2017 — killing one and seriously injuring another — will learn the outcome of his trial after the jury retire to consider its verdict on Monday.
Moustaffa Zreika, 30, from Carlingford, was driving a hino 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.
He has pleaded not guilty to charges of dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm.
The final submissions, from the prosecution and defence, in Mr Zreika’s two-week trial were heard at Parramatta District Court yesterday and today.
The crown prosecution alleged 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 prescribed pain medication, Tramadol, between the night before and morning of the incident.
The prosecution disputed that claim and said it was most likely six tablets.
Either way, the prosecution said it was well above the prescribed limit of one tablet every 12 hours.
The prosecution 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.
“He drove not because he thought it was safe to do so but because he wanted to.”
She also alleged that he ignored a doctor’s warning after suffering a seizure in January 2016 not to drive.
She alleged 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.
Mr Zreika’s defence lawyer 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.
The defence said 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.
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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.
He 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 said 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.”
The judge will finish his summing up on Monday morning before the jury retires to consider its verdict on the two charges.