A man accused of running over his partner twice claims he couldn't see her in the road in the dark.
A man accused of running over his partner twice claims he couldn't see her in the road in the dark.
A poorly lit Far North street meant the driver of a car never saw the body of a woman lying across the road, a jury in a murder trial in Whangarei has heard.
Viliami Fungavaka, 47, has denied murdering his partner Georgina Manuel, 28, by running her over twice withhis 1.7-tonne Holden Commodore in August, 2013. During the trial, evidence was given that Fungavaka was seen striking Ms Manual with his car as she stood on Pukepoto Rd, Kaitaia, then doing a U-turn to run over her as she lay on the road. He drove off and Ms Manuel died the next morning, after being flown to Whangarei Hospital.
The Crown said Ms Manuel suffered two major injuries, either of which could have killed her. When she was struck the first time she suffered massive brain injuries and the second time she was driven over her liver was crushed.
Defence lawyer Greg Bradford, in his closing address yesterday, said Ms Manuel had stepped out on the road and collided with the vehicle, and then Fungavaka had not seen her body as she lay in the poorly lit street the second time she was hit.
"Any injuries she received were unintentional. He did not intend to hurt her. It was an accident and, at worst, manslaughter," Mr Bradford said.
The poor lighting had meant Fungavaka did not see the body on the road.
During the course of the nine-week trial, the jury of six men and six woman had visited the scene where the two impacts happened and viewed it during the day and at night.
"This is a dark place, no doubt about it. You stood there, you saw yourself, and you will use your common sense when you reflect," Mr Bradford said.
The pathologist's evidence, which outlined an extensive list of injuries, did not help the jury to decide whether the impacts were an accident or intentional, he said. The reason Fungavaka did not stop was because he did not understand the severity of the situation, or he might have been frightened or scared.
Mr Bradford said it was not a straightforward case and the Crown had not proved Fungavaka had intentionally killed Ms Manual.
"He has always denied intentionally running her over. It was a volatile mix of alcohol, the aggressive deceased, who had been drinking since lunchtime, a motor vehicle, a dark night ... it's a recipe for disaster and that's what happened."
The judge was expected to sum up today before the jury retired to deliberate.
