A DRIVER who killed an elderly woman and seriously injured his teenage son in a crash in Perth denies speeding significantly, despite his lawyer previously conceding his client was travelling 33km/h over the limit.
James Murray is on trial in the District Court of WA, charged with dangerous driving resulting in death and dangerous driving occasioning grievous bodily harm.
It is alleged Murray hit speeds of up to 103km/h in his BMW before the 2017 crash in Bedford, which occurred after he attempted to overtake another vehicle by passing through a narrow gap in traffic on a damp road.
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READ NOWProsecutors say Murray slid as he lost control, crossing a median strip into the other lane, colliding with a Holden driven by 85-year-old Mary Lillian Rigby before mounting the kerb and hitting a brick fence in front of a house.
Defence counsel Steve Walker said in his opening address earlier this week the crash was caused by a “catastrophic” mechanical failure, although Murray was doing 93km/h “around the point of the yaw” in a 60km/h zone.
Taking the stand on Wednesday, Murray denied he was well over the speed limit.
“It was nothing aggressive or out of the ordinary,” he said.
The court previously heard a crash reconstruction expert had used CCTV footage to determine Murray’s speed.
He also denied he had tailgated the car he attempted to overtake, revving his engine in a signal to get out of the way, saying his car was usually “extremely loud”.
Murray rejected witness testimony he nearly hit the left-hand kerb during the attempt because he was accelerating heavily while changing lanes at a sharp angle, saying his car “just straightened up” when he moved into the outer lane.
He claimed the BMW only slid after “a loud bang or pop” when the other vehicles were way behind him.
The state also argues three tyres on Murray’s car were worn below the legal limit, which contributed to the dangerousness of his driving but that is also disputed.
The jury is expected to consider its verdict on Thursday.