NZPA

Car murder accused had been using drugs

NZPA November 4, 2009, 6:31 am

A man accused of deliberately driving his car at speed into two other vehicles, killing a young woman, may have been drowsy after taking diazepam, a court was told yesterday.

Tony Worrell, 50, of Swanson in West Auckland, is on trial facing six charges -- murder, causing grievous bodily harm, and four charges of attempted intentional damage.

Katie Powles, 26, died when Worrell's car struck her vehicle in Karaka, south of Auckland, on June 3. Another man, Brett Robinson, was also seriously injured.

Dr Martin Wolley was called to give evidence yesterday.

He told the court he was based at Waitakere Hospital last year, and Worrell was under his care for five days from May 30 until June 3, after drinking and taking diazepam in the days leading up to the incident.

He said that Worrell may have been drowsy from the diazepam he had taken, which he said worked as a sedative.

This combined with alcohol and the fact that Worrell was a diabetic, were contributing factors, Dr Wolley told the court.

Defence witnesses Constable Chris Peet and Christopher Curtis O'Neill Marks also gave evidence.

They found that Worrell did not attempt to brake or avoid the collision.

Qualified crash analyst Mr Peet told the court he conducted a scene examination about 7.30pm on June 3, and the following day.

Mrs Powles' car had heavy impact damage to the front driver's side. The front right wheel and suspension had been pushed back under the driver's seat. The fire service had to remove panels to get her out.

A Fiat Uno, driven by Mr Robinson, had heavy impact damage to the right front side. The right front wheel, suspension and drive shaft had come detached from the vehicle.

Mr Robinson had to be removed through the roof, Mr Peet told the court.

Mr Marks is a qualified professional mechanical engineer and forensic scientist, specialising in vehicle crash analysis.

The impact speed of Worrell's car when it hit Mrs Powles' car was likely to be about 80kmh, Mr Marks said.

There was insufficient time and distance for either Mrs Powles or Mr Robinson to avoid Worrell.

Mr Marks said the road was dry and the surface in good condition that day, with the weather fine and clear.

He said there must have been some other factors to cause the Nissan to change its path after colliding with Mr Robinson's Fiat Uno.

Those factors included either a deliberate or involuntary swerving, a steering fault, damage from the first collision affecting the steering and tyre pressures.

But both crash analysts were unable to say which.

Another witness, Maurice Wogan, a community psychiatric nurse, told defence lawyer Matthew Goodwin that Worrell had been prescribed diazepam by his GP.

He told the court that Worrell's wife Lynette said she did not think he had suicidal tendencies and was not at risk.

"He denied at that time that it was a suicide attempt. He said he did not wish to kill himself," Mr Wogan said.

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