Amberly Jane Hendy: Katunga woman faces Shepparton Magistrates’ Court for fatal Wunghnu car accident
A woman allegedly had cannabis in her system when she allegedly drove into an oncoming car, killing her sister and seriously injuring her daughter. But her defence has questioned the toxicology report, and the role played by the weather in the shocking crash.
Goulburn Valley
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A Katunga mum who allegedly veered into an oncoming car – killing her sister and her sister’s partner and seriously injuring her 4-year-old daughter – allegedly admitted to “smoking” before getting behind the wheel, the Shepparton Magistrates’ Court has heard
But it was unclear whether cannabis contributed to Amberly Jane Hendy allegedly driving her Holden Commodore into an oncoming Kia on the Goulburn Valley Hwy in Wunghnu on September 6 last year about 2.40pm.
Ms Hendy, who was 28-years-old at the time of the crash, faces charges including two counts of dangerous driving causing death, dangerous driving causing serious injury, and two counts of culpable driving.
Her passengers were her four-year-old daughter, her 23-year-old sister and her sister’s 39-year-old male partner.
In a committal hearing, forensic physician Sanjeev Gaya – who wrote two toxicology reports about the case – said 12ng of cannabis per ml was allegedly recorded in Ms Hendy’s blood one hour and 50 minutes after the accident.
“Assuming that there isn’t any consumption of cannabis between the collision and the time the blood was taken, a concentration of 12 two hours after suggests to me the level of cannabis would have been higher at the time of the collision,” he said.
He said “some” literature classed 12ng as a “moderate” amount.
But barrister Carly Marc questioned his toxicology reports after he wrote a second one when Detective Sergeant Hill queried his use of words.
The court heard Dr Gaya changed the wording from the first report saying Ms Hendy was “capable” of being impaired by 12ng of cannabis, to “would” be in the second.
Barrister Carly Marc also provided evidence showing Dr Gaya was copied into an email about whether the word “capable” would “leave room for doubt” when pursuing a dangerous driving charge against Ms Hendy.
“The decision was my own because Steven Hill raised some interpretational (sic) factors in my first report, and he just wanted to be clear where I stood on my assessment on this file,” Dr Gaya said.
Detective Sergeant Steven Hill, who attended the scene after the accident, denied asking Dr Gaya to change the wording of his report.
“(I contacted him) only about the use of one word, and he clarified that for me,” he said.
Ms Marc alleged “multiple witnesses” reported hail was falling at the time of the collision.
Witness Detective Sargeant Robert William Hay – who is a collision reconstruction expert – said the road was wet when he attended the scene.
“What appears to have happened … the Holden has yawed in the path of the Kia … be the steering or the loss of traction due to hail,” he said.
He calculated Ms Hendy’s Holden was driving between 44km/h and 53km/h when it collided with the Kia, which was travelling about 51km/h according to analysis after the crash.
He said he was not able to determined an “obvious point” where the car lost control because there were no tyre marks.
Detective Sgt Hay there was a groove in the road where the accident occurred, and a pool of “fairly shallow” water may have collected near the groove – but it was not likely the water caused the car to lose traction with the road.
“(Aquaplaning) only occurs at speeds above 91km/h – neither vehicle will have aquaplaned,” he said.
However, detective Sgt Hay claimed the rear driver’s tyre was “substantially” bald, and this would contribute to the car spinning in a clockwise direction in wet weather.
Senior Constable Brett Andrew Gardner, who is also a collision expert, said analysis of the tyres afterwards showed the car slid sideways across the road.
The cross-examination of detective Sgt Hill will continue on Monday and Ms Hendy will file a plea afterwards.
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