Drunk tradie responsible for horror fatal crash that killed student pedestrian catches Covid in jail

An Irishman who drunkenly ploughed his ute into a student during a horror fatal crash caught the virus while in jail, a court has heard.

A drunk tradie who smashed his speeding and out-of-control ute into a student, killing her instantly, has been struck down with Covid-19 as he battles to have his jail time reduced, a court has heard.

Patrick Nealon was set to appear before the Court of Criminal Appeal on Monday after he was last year sentenced for causing the horror crash that claimed the life of Nicole Lewanski at Wolli Creek.

The Irishman is being held at John Morony Correctional Centre in north western Sydney where he was set to watch his appeal hearing from a jail cell.

However, Justice Peter Johnson - one of three judges hearing the appeal along with Justices Julia Lonergan and Hament Dhanji - told the court that Nealon had been diagnosed with Covid-19 and placed in isolation in his cell, delaying the proceedings.

Nicole Lewanski died when she was struck by a car driven by Patrick Nealon. Picture: Supplied.

“My instructions are that the applicant wished to be present electronically for the appeal,” his barrister John Stratton said.

“The information I have was that the applicant is in isolation because he actually has Covid.”

Justice Johnson questioned whether the matter could proceed in Nealon’s absence and asked that his lawyers contact him in jail to receive instructions.

However, because the entire jail is in lockdown, his solicitor was unable to speak to him on Monday.

It caused the hearing to be vacated and the case will return to court at a later date.

Nealon was last year sentenced to a maximum of eight years and six months in prison with a non-parole period of six years and four months.

Patrick Nealon is fighting to be freed early after being sentenced to spend at least six years and four months in jail. Picture: Adam Yip.

He pleaded not guilty, arguing that his car was clipped from behind, but a jury found him guilty of aggravated dangerous driving occasioning death.

It’s not known how fast Nealon was travelling, with some bystanders estimating he was exceeding the 60km/h speed limit by 30km/h, the court heard when he was sentenced.

During her sentencing remarks, District Court Judge Jennie Girdham said he was clocking at least 80km/h.

Witnesses described hearing an engine roar and saw his car fishtail before it slammed into a pedestrian island where Ms Lewanski was standing.

The family of Nicole Lewanski - dad Henry Lewanski, mum Norelle and twin sister Christina - speak outside court after Nealon was sentenced. Picture: John Grainger.

His ute was speeding and driving erratically as he attempted to cut across three lanes of traffic and make a sharp right turn into a side street at a set of traffic lights.

Ms Lewanski suffered fatal injuries after she was flung metres into the air.

It’s also not known precisely how much he drank at a nearby pub before getting in his car, although he told an ambulance officer he had consumed about 15 schooners, according to the crown prosecution during his trial.

When police arrived at the scene, where debris from his blue ute was strewn across the Pacific Highway, he was having trouble standing and had bloodshot eyes.