Queen Elizabeth II Courts of Law - which houses Brisbane Supreme Court and Brisbane District Court.
Queen Elizabeth II Courts of Law - which houses Brisbane Supreme Court and Brisbane District Court. Rae Wilson

Dangerous drunk driver seen swerving before crash

A MARIAN man has lost his case in Queensland's highest court to try to overturn a dangerous driving conviction following a crash on the Bruce Hwy.

In May this year, David Ronald Mackenzie was convicted after a trial of dangerously operating a motor vehicle causing grievous bodily harm while he was drunk.

He was sentenced to three years jail, to be released on parole on November 11, 2017.

A judgment handed down on Tuesday in the Queensland Court of Appeal said Mackenzie was seen swerving between lanes on the highway at Coningsby in July 2013 after leaving The Leap Hotel.

His LandCruiser then crashed into a car that a 23-year-old woman was driving.

A truck driver who came across the scene moments later found both Mackenzie and the woman unconscious in their vehicles.

A blood sample was taken from Mackenzie at hospital later and showed he had 0.157% blood alcohol level in his system.

Following the crash, one of the first police officers on the scene asked for a trained forensic crash investigator to attend, but this was denied.

A camera was sent to the scene and about an hour later, Mackay forensic investigator Sergeant Peter Cowan arrived at the scene.

He examined the scene for about an hour.

During the trial Sgt Cowan gave evidence about where he believed the crash occurred, and he said gouge marks showed it happened in the northbound lane.

This meant Mackenzie was on the incorrect side of the road at the time of the crash.

On appeal, Mackenzie's lawyers argued that Sgt Cowan's evidence should have been excluded and that including it caused a miscarriage of justice.

But in his judgment, Justice Robert Gotterson said Sgt Cowan's evidence was admissible because there was sufficient proof that backed-up Sgt Cowan's opinions.

Mackenzie's appeal was dismissed.

- ARM NEWSDESK



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