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A woman involved in a fatal accident in Bomaderry in February 2015 has had two of the charges dismissed.
Sigrid Bridge, 24, of Bomaderry, appeared before Magistrate Gabriel Fleming on Wednesday in a hearing over an accident in which Will Morey-Hype was killed.
After considering the evidence Magistrate Fleming dismissed the charges of dangerous driving occasioning death driving in a manner dangerous and causing bodily harm by misconduct while in charge of a motor vehicle, saying in her opinion there was insufficient evidence for a jury, given reasonable instruction, to convict the accused.
The court heard, after being stopped at traffic lights at the intersection of Bolong Road and the Princes Highway at about 8.40pm, Ms Bridge’s Toyota Aristo turned south onto the highway and after a short distance lost control, crossed the median strip and collided with a Mitsubishi Lancer travelling in the opposite direction.
The court was told the car had lost traction and was fishtailing before the accident in which Mr Morey-Hype, 25, took the impact on the passenger’s side of Bridge’s vehicle.
Magistrate Fleming said evidence raised doubts Bridge had in fact lost control of the vehicle from the moment the car left its stationary position or further down the road.
Police evidence said the road was slightly wet after recent rain, estimated Bridge’s speed was between 28-33km/h at the time of the collision which happened 68 metres from the Bolong Road intersection.
Questions were raised over the way the vehicle did or did not accelerate and where control was allegedly lost.
“The crown is not relying on speed as an issue. The central issue is whether the vehicle was being driven in a manner dangerous,” Magistrate Fleming said.
Bridge still faces charges of negligent driving occasioning grievous bodily harm and negligent driving occasioning death.
They will be heard at a hearing on January 25 next year in Nowra Local Court. Her bail will continue.