Guildford man Jawad Al Hussein faces manslaughter trial after driving into floodwater at Bevendale, west of Goulburn
The wife of a Sydney father who died when he was swept from a ute into floodwaters in regional NSW told the driver to not “bulls**t” her when she pleaded for him to tell her about what happened to her husband, a court has heard.
Police & Courts
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Two Sydney fathers met their tragic end when a friend drove a ute into a causeway flooded by nearly a metre of rushing water, a court has heard.
Ghosn Ghosn, 30, and Ibrahim ‘Bob’ Chahine, 32, stood on the tray of Jawad Al Hussein’s Mitsubishi Triton as it stalled in the floodwater at Bevendale, about 70km west of Goulburn, during the evening of October 31, 2022.
Moments later, in the midst of darkness and driving rain, the Triton was pulled into Prestons Creek. Mr Ghosn’s body was recovered three days later more than a kilometre downstream while Mr Chahine was not found for a week with it located some 2km from the causeway.
The details were heard on Monday as a trial started at Goulburn District Court after Al Hussein, 43, pleaded not guilty to two counts of manslaughter and two counts of dangerous driving occasioning death.
Crown prosecutor Glen Porter told the jury about the events which culminated in the incident at the causeway on Rugby Rd, a dirt thoroughfare on which the accused owned a hobby farm.
The court heard Al Hussein, of Guildford, was in the passenger seat as his friend Toufic Alameddine drove the pair from Sydney during a period of inclement weather. Mr Ghosn and Mr Chahine were following in the latter’s Toyota Kluger.
The court heard despite road closures they made it to Rugby Rd where Mr Chahine called his wife, Remonda Melan, at 8.13pm and said they were 10 minutes from the farm, but it was raining heavily and they could not see outside. A call from Ms Melan to Mr Chahine at 9.45pm went unanswered.
Mr Porter told the court how the group stopped near a “road subject to flooding” sign where Mr Alameddine and Al Hussien swapped seats as the former was “reluctant” to drive through the water.
The court heard Al Hussein suggested Mr Ghosn and Mr Chahine leave the Kluger and stand on the tray alongside a dog.
Mr Porter submitted Al Hussein said the pair should stand on the tray as the vehicle might stall in the water and they would have difficulty exiting via a window.
The ute made it just metres into the causeway before it stalled with Mr Porter telling the jury they will hear evidence about the likelihood of it being caused by water entering a handmade air intake filter.
The court heard Al Hussein, Mr Alameddine and the dog were able to make it to safety as the ute was dragged into the creek.
Al Hussein and Mr Alameddine tried to follow the vehicle downstream while begging Mr Ghosn and Mr Chahine – who both were weak swimmers – to jump from the tray before they lost sight of them.
Al Hussein managed to find reception and contact triple-0 shortly after 11pm in one of eight calls to emergency services.
However, due to the weather and the isolation, police were unable to reach them until 2am.
“The accused is liable for the deaths of Ghosn and Bob for a number of reasons,” Mr Porter said.
“He drove into floodwaters knowing of the significant risk the vehicle would stall or become inoperable and knowing both passengers could not swim.”
Defence barrister James Lang asked the jury to “bear in mind the reality for the accused at the time”.
“You might hear experts calculating rainfall at the time and estimates about the level of the water, but what matters is what was before the accused at the time,” Mr Lang said.
Ms Melan held back tears as she gave evidence about a phone call with Al Hussein on November 1 where she said: “Don’t bulls**t to me, what was the current of the water.”
She said Al Hussein told her “it wasn’t that bad”, before adding her husband, who had not been located at that stage, “did not die” and hypothesised Mr Ghosn “must have had a heart attack”.
The trial before Judge Julia Baly SC is scheduled to run for 10 days with the jury expected to view the causeway later this week.