Charge stands for alleged killer driver
A 23-YEAR-OLD tourist, who is yet to enter a plea, will go to trial for 'dangerous operation of a vehicle causing death whilst adversely affected by an intoxicating substance' after his lawyers attempted to downgrade the circumstance of aggravation in the charge.
Omer Shmuel Itshaky, who stands charged after allegations his car struck and killed a 46-year-old man in Jubilee Pocket last November, fronted Proserpine Magistrates Court in person on Supreme Court bail on Monday.
Mr Itshaky was represented by counsel who said the 'intoxicating substance' section of the charge was unsubstantiated to go to trial as the certificate of analysis taken a minimum of nine hours after the event showed no alcohol or drugs in his blood.
Police prosecutor Senior Constable Hannah Beard was quick to submit that because of the delay in the test, it couldn't be shown he was not affected at the time of the alleged offence.
"In contrast to my friend's submissions that there was no other evidence of indicia ... officers at the scene observed him sitting in the driver's seat of the vehicle with the keys in the ignition, glassy eyes and a strong smell of liquor on his breath, and he also provided a roadside breath test which resulted in 0.120,” Sen-Constable Beard said.
Within the 21 statements of police and civilian witnesses tendered to the court, Sen-Constable Beard said two other officers and two civilians observed the defendant to have indicators of intoxication.
Summary matters are scheduled to be heard in Mackay Magistrates Court on November 19.