The father of former NSW police minister Troy Grant mentioned his son’s name multiple times and told police he was “pissed” when he was pulled over and arrested in the minutes following a fatal hit-and-run, a court has heard.
Kenneth Grant, 72, is facing a judge-alone trial in Newcastle District Court after he allegedly ran over his friend Tony Greenfield at Bolwarra, near Maitland in the Hunter region, on the evening of November 30, 2019.
Kenneth Grant (right) pictured with his son Troy Grant in 2019.Credit: James Alcock
Mr Grant has pleaded not guilty to dangerous driving occasioning death, failing to stop and assist after a vehicle impact causing death, and not stopping during a police pursuit. He will argue he was not driving voluntarily at the time, and was either sleepwalking or experiencing amnesia.
On Monday, Crown prosecutor Lee Carr said Mr Grant had been at a Christmas party that night and drank three schooners of full-strength beer and three to four glasses of wine. One witness said Mr Grant was “well and truly gone” and staggering, while another witness said he was “extremely intoxicated”.
Mr Greenfield, who also attended the function, left with his wife at about 11.15pm and the pair started to walk to their accommodation about 950 metres away. Mr Grant left a short time later and started to drive in the same direction on his way home.
Killed in 2019: scientist Tony Greenfield.
Mr Carr said Mr Greenfield was walking in a bike lane on the shoulder of the road when Mr Grant hit from behind at about 11.24pm, propelling him 20 metres forward. Mr Greenfield’s wife called an ambulance and he was rushed to John Hunter Hospital, where he died from significant injuries.
Mr Grant drove away from the scene without stopping, Mr Carr said. Several minutes later, his car was spotted driving slowly and erratically by two highway patrol officers who were not aware of the crash.
They pursued his Mazda BT-50, as it continued to drive for about one kilometre at an estimated maximum speed of 25km/h.
When the car briefly stopped at a red light, the officers opened Mr Grant’s door and tried to pull him out, however he continued driving when the light turned green. Mr Grant eventually stopped on High Street in Maitland and opened his car door.
Mr Carr said Mr Grant had clenched fists, and when one of the officers grabbed him by the wrist he said: “My son is Troy Grant, the police minister. I am pissed.”
In vision played to the court, Mr Grant mentioned his son’s name multiple times as he interacted with officers, including as he attempted for a lengthy period of time to climb into the back of a caged police truck.
“My son’s got the shits with me, he’s the police minister,” Mr Grant said as he manoeuvred into the vehicle. “Have you heard of Troy Grant?”
Mr Grant said he had consumed two beers and some glasses of wine earlier and “I thought I was right”.
“If I’m being honest, Ken, it looks like you’ve had a lot more than that,” the officer responded.
Mr Carr said police noticed a “strong odour” of liquor coming from Mr Grant and formed the view he was intoxicated because his eyes were glazed and bloodshot, his speech was slurred, and he was unable to sit up without assistance.
He was arrested and given a breath test, which returned a reading of 0.108, while a blood test at hospital later returned a reading of 0.194. In a police interview, Mr Grant said he could not recall hitting anyone and his last memory was eating dessert at the Christmas function before he saw the police lights behind him.
Mr Carr said there is “little, if any dispute” about the circumstances of the crash, with the main dispute in the case being whether the Crown can prove that Mr Grant’s actions of driving were voluntary.
Mr Grant’s barrister Phillip Boulten, SC, said his client has a history of “gross sleepwalking” where he has been capable of carrying out complex actions, including irrigating a field, and it will be argued the driving was not a voluntary action.
“If he was not actually voluntarily driving, he’s not guilty of any of the charges on the indictment,” Mr Boulten said.
The barrister said the court will hear evidence from a neurologist that Mr Grant was possibly experiencing a state of transient global amnesia at the time.
Troy Grant is expected to give evidence about background facts in the case including his father’s history. He was no longer the police minister at the time of the crash, with David Elliott replacing him several months earlier.
The trial continues.
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