Sakshi Agrawal fronts court over alleged Tesla ‘autopilot’ tram passenger hit-run
A woman accused of mowing down a commuter with her Tesla has been committed to stand trial, despite a tram driver telling the court he was unsure if he completed a crucial check.
Police & Courts
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A tram driver says he does not remember whether he checked his mirrors before a Tesla on “autopilot” mowed down a commuter about to board his tram, a court has heard.
Sakshi Agrawal, 24, allegedly hit Nicole Lagos, 27, with her model 3 Tesla in March last year while travelling along Wattletree Rd in Armadale before she fled the scene.
Ms Lagos, who worked as a nurse, was crossing the road to board a tram about 6.30am when she was allegedly struck by Ms Agrawal, who is accused of driving past the tram instead of stopping to give way to pedestrians.
The 24-year-old fronted the Melbourne Magistrates’ Court on Monday where she was committed to stand trial on charges including dangerous driving causing serious injury.
During the one-day committal hearing, Ms Agrawal’s defence lawyer Joanne Poole zeroed in on the tram driver, asking him whether he checked his side mirrors when approaching Ms Lagos at the stop.
The man, who has driven trams for 35 years, told the court when drivers come to a halt they “open the doors, look in the mirrors and see the passenger get in the tram”.
But when Ms Poole told him the correct procedure – according to the Yarra Trams rule book – was to check the mirrors prior to opening the doors, the driver agreed.
“You accept that’s what’s supposed to be done, but that’s not what was done on this occasion,” she said.
“I don’t recollect. It’s been a long time. I would have done that at that time,” he replied.
“I normally would have done that.”
When Ms Poole asked him whether it was possible he did not check the mirrors before opening the doors because if he did, he would have seen a car passing and left the doors closed, he replied “no”.
“I am not accepting that,” he said.
Later in the hearing, the man told the court he last saw Ms Lagos step off the kerb but became confused when she did not enter the tram.
“As the passenger was getting on, I was looking (forwards) and then I looked back to see why she didn’t get into the tram (but) I couldn’t find her,” he said.
“She was missing.”
He then recounted to the court how upon realising she had been hit, he exited the tram to assist the bystanders who had run to her aid.
Yarra Trams’ chief safety officer, who was also called as a witness on Monday, told the court it would have been “unsafe” if the tram driver failed to check his mirrors prior to opening the doors.
An apprentice carpenter, who was driving behind the Tesla on Wattletree Rd on March 22, told the court he witnessed the car hit Ms Lagos before “driving off”.
He said he saw the victim “fly” into the air due to the impact.
Ms Lagos was rushed to The Alfred hospital after suffering serious injuries.
It is not known how long the 27-year-old spent recovering in hospital.
She watched the court proceedings on Monday via video link, with the support of her family.
Ms Agrawal has also been charged with failing to stop, failing to render assistance and negligently causing serious injury.
The Mount Waverley woman, who worked full-time as a loading dock manager contracted to Victoria Police, handed herself in to police two hours later.
At her filing hearing, the court heard her Tesla was set to “autopilot” when it allegedly struck Ms Lagos.
Tesla describes its Autopilot technology on its website as requiring “active driver supervision” and says it does “not make the vehicle autonomous”.
The technology enables the car to “steer, accelerate and brake automatically within its lane”.
However, none of the witnesses called on Monday gave evidence about the “autopilot” technology.
Magistrate Natalie Heynes at the conclusion of the hearing said she was satisfied the evidence before her was of “sufficient weight” to support a conviction.
When asked whether she pleaded guilty or not guilty to her four charges, Ms Agrawal replied: “Not guilty”.
Her bail was extended, with the court continuing to ban her from driving.
She will next front the County Court on May 1 for a directions hearing.