Legal professionals appearing for a Melbourne girl accused of killing her sister in an alleged hit and run have requested a courtroom to throw the fees out.
Asyai Luk returned earlier than the Melbourne Magistrates’ Courtroom on Monday for a committal listening to which is able to resolve if the case goes to trial.
Prosecutors allege Ms Luk killed her older sister, Gol Luk, 24, within the western Melbourne suburb of Sunshine in November final 12 months.
Six witnesses had been referred to as to offer proof, together with residents of the road, who advised the courtroom they heard the sisters combating earlier than the crash.
“I heard, it was definitely one thing like; ‘I’m being attacked, name the police I’m being attacked’,” neighbour Mitchell Wingard stated.
The courtroom was advised the pair allegedly had a bodily and verbal altercation about 3.10pm, after which Gol Luk exited her sister’s automotive.
She was allegedly making an attempt to re-enter the automotive, when Ms Luk took off at a “quick price of pace”, dragging Gol Luk alongside earlier than she struck her head in opposition to a parked automobile.
Ms Luk‘s barrister, Peter Morrissey S.C., advised the courtroom the defence would argue his consumer’s actions weren’t “harmful”.
“CCTV graphically captured what occurred within the collision,” he stated.
“My consumer is distressed and would not wish to see it … However watching that’s the key, the witnesses don’t add a complete lot.”
Ms Luk, who was flanked by a buddy and her mom, held her head in her palms as Mr Morrissey argued the presiding Justice of the Peace ought to discontinue the case.
He argued, if the case proceeded to trial, no jury might discover that his consumer had pushed in a harmful method.
“The prosecution need to show that the way the accused drove posed an actual, and never speculative, hazard to the general public,” he stated.
“There was nothing dangerous about what she did … she merely drove on the carriage manner.
The best way the sister is trapped is tragically unlikely and strange and terrible, you may see the sister seize maintain of the highest of the automobile … she (Gol Luk) made a nasty mistake, that‘s what occurred.”
A prosecutor argued Ms Luk’s alleged actions had been “plainly harmful”, submitting the case ought to be dedicated for trial.
“Ms Luk drives off with the door vast open and at a quick price of pace … it’s plainly harmful,” she stated.
“They’re arguing and Gol Luk goes to place (her) foot in. That’s when Ms Luk takes off at pace.”
The courtroom was advised regardless of Gol Luk’s “wailing”, her sister allegedly left the scene and advised police hours later she didn’t know her sister was injured.
Gol Luk was rushed to the Royal Melbourne hospital with severe head accidents however later died.
Justice of the Peace Brett Sonnet reserved his determination on the appliance to discontinue prices and can hand down a choice on Tuesday.
