A woman accused of killing her ex-partner by crashing her car into another vehicle while he clung to the bonnet suspected he had been molesting their little daughter, the High Court at New Plymouth was told yesterday.
Cindy Fairburn, 38, is alleged to have deliberately driven into the
path of an oncoming car as Darin Paul Maxwell, 42, clung on to the bonnet.
She has denied murdering Mr Maxwell and dangerous driving injuring the other driver, whose name is suppressed.
The Taranaki Daily News reported the 13km wild ride on State Highway 3 happened on August 6, 2007, and culminated when Fairburn's car hit an Isuzu, flinging Mr Maxwell from the bonnet and through the windscreen of the Isuzu.
He died from his extensive injuries.
The Isuzu's driver also suffered life-threatening injuries but survived after weeks in hospital.
Fairburn spent 15 weeks in hospital, and then caught an infection which resulted in one of her legs being amputated.
Fairburn's lawyers argue that her actions on the night were solely those of a woman defending herself from Mr Maxwell.
But Crown prosecutor Cherie Clarke said Fairburn had been angry and upset since coming to the belief Mr Maxwell had sexually abused their two-year-old daughter.
She reported the incident to police, but when told that Mr Maxwell would not be arrested immediately, she was angered, saying he should not be allowed to get away with it.
Miss Clarke said the daughter was examined by a paediatrician who found no evidence of a sexual assault and ESR tests weeks later found no evidence of semen on the girl's bedding.
The trial continues today.
- NZPA
