Man faces trial over alleged hit-and-run during street race
A MURWILLUMBAH man who allegedly fled the scene after hitting a pedestrian during a street race in Tweed Heads South in 2018 is facing trial.
Danny John Maloney, 29, is before the Lismore District Court charged with failing to stop and assist after his vehicle caused grievous bodily harm.
He has pleaded not guilty.
Police will allege Mr Maloney was the driver responsible for striking a 59-year-old woman on Minjungbal Drive, Tweed Heads South.
Mr Maloney allegedly was travelling southbound at high speed a white Mitsubishi Triton alongside two other vehicles towards Sexton Hill Drive about 8pm on July 8, 2018, the court heard.
Mr Maloney then allegedly mounted a kerb under the bridge of the Pacific Highway overpass after failing to navigate a right hand turn in the road and struck the woman.
He then allegedly fled the scene.
The woman suffered head and leg injuries as a result of the incident.
Mr Maloney is also charged with dangerous driving and negligent driving occasioning grievous bodily harm.
However, Mr Maloney's defence lawyer, Rod Behan, said his client doesn't dispute these charges but he was unaware at the time he hit a pedestrian and therefore believed he had no reason to stop and assist.
The court heard the agreed facts of the case stated the vehicle Mr Maloney was driving had collided with the woman on the footpath causing her grievous bodily harm.
The Crown prosecutor told the jury Mr Maloney cooperated with police a few days after the incident but claimed he hadn't known he hit a pedestrian.
Mr Maloney allegedly told police during an interview he had only been travelling 60km/h when he came around the bend into the tunnel.
He claimed the tunnel was dark and he couldn't see any pedestrians.
The Crown Prosecutor said Mr Maloney claimed he left hand lane when a car in the middle lane suddenly veered in front of him, which ultimately caused him to mount the footpath.
"You'll hear there was no evidence from anyone else there was another car," the Crown Prosecutor said.
"You'll see CCTV footage from up the road, that CCTV footage show no other car."
The Crown Prosecutor said Mr Maloney must have known he hit the woman and caused her serious injury because the impact he must have felt would have been consistent with when someone is aware that they've hit an animal or a wheelie bin.
Mr Behan said the jury would have to decide how his client should have known to stop to render assistance if he didn't even know he hit the woman in the first place.
"Mr Maloney has admitted his guilt to the relation of his driving and the serious injuries of the victim… but the charge before you is if he then failed to stop and assist," Mr Behan said.
"If he didn't know the vehicle struck the pedestrian, he could not have known it caused grievous bodily harm."
The trial continues on Tuesday.