Christie Lee Kennedy has pleaded not guilty to malicious act with intent to disable, involving her allegedly running down her husband and another woman in her BMW. Photo / NCA NewsWire
Christie Lee Kennedy has pleaded not guilty to malicious act with intent to disable, involving her allegedly running down her husband and another woman in her BMW. Photo / NCA NewsWire
The husband of a woman accused of deliberately running over him and his alleged mistress with her BMW has been lashed as "full of excuses" in court.
Christie Lee Kennedy has been on trial at Brisbane District Court this past week over the horror collision that seriously injured her husbandDavid Larkin and another woman, Zowie Noring.
Closing submissions by the prosecution and the defence were delivered on Friday after four days of evidence.
Addressing the jury, defence barrister Penny White said the evidence of Larkin should not be trusted as it was "full of excuses", and that Kennedy had never intended to hit either of the alleged victims.
Kennedy has pleaded not guilty to charges of a malicious act with intent to disable, with alternate charges of assault occasioning bodily harm with an offensive instrument.
Her defence counsel has argued she never had the intent to hit or disable Larkin and Noring when she rammed into them with her car.
Christie Lee Kennedy and David Larkin. Photo / Supplied
Kennedy has admitted to assaulting Noring by punching her after the collision.
Defence barrister Penny White urged the jury to put themselves in Kennedy's shoes and analyse the evidence "coldly, clinically, dispassionately, and sceptically".
Kennedy on Wednesday gave evidence that she never intended to hit the pair, instead wanting to find out what her husband was doing and confront him about it later that night.
Upon seeing her husband "kissing, cuddling and groping" another woman, Kennedy said she slammed on the brakes.
She said she did not know that her husband was having an affair.
White urged the jury to accept her evidence as being reliable and credible, telling them: "This was an accident.
"None of us were in her head, or in the car with her," she said.
"Only she [Kennedy] knows what she was thinking that day, and she has told you that in her evidence."
Kennedy has pleaded guilty to the assault of Zowie Noring, her husband's alleged mistress. Photo / Supplied
White said David Larkin's evidence ought to be rejected as it was "full of excuses".
She said his account of the installation of the Find my Phone app did not make sense as he admitted during his evidence he wasn't sure if it was pre-installed on the mobile or not.
The court was told it was a "red herring" that took the matter nowhere.
"Christie Kennedy is clearly a more reliable witness than David Larkin," White said.
"She thought they were having stressors … but she did not know he was having an affair, let alone with Zowie Noring."
But crown prosecutor Jennifer O'Brien submitted Kennedy was "angry" and intended to strike the pair when confronted with the sight of her husband embracing Noring.
"People cheat on their spouses all the time, but they don't run them down with their cars," she said.
The jury was urged to reject Kennedy's evidence.
Playing footage of the collision to the jury, O'Brien referenced the distance of Kennedy's car to where Larkin was standing, saying it looked like it was "lined up" with the pair.
"Look at the line, look at the direction the car travels … it clearly shows the car is not on the right side of the road," she said.
The court was told the vehicle did not appear to swerve or steer away.
O'Brien submitted Kennedy's body language after colliding with the pair – including her "marching" over to her husband as he lay in the gutter before assaulting Noring – were not indicative of someone who did this "accidentally".
Kennedy's (left) defence counsel urged the jury to reject the evidence of David Larkin (right), submitting it was not truthful. Photo / Supplied
She submitted it was not a normal reaction after two people had been hit as there was no contrition or concern for their welfare.
"That footage presents a real insight to her state of mind," she said.
"She drives in a straight line for some seconds … it appears to be an extraordinarily dangerous act by Kennedy."
O'Brien said Kennedy would have known what was going, as she had phoned her friend as to her husband's location and driven there "quickly".
