Texting Driver Aine Marie McGrath set to face new trial over Mitchell Freeway fatal crash

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Photo: The crash occurred after Aine Marie McGrath lost control of her car on the freeway. (Supplied: District Court)

A woman accused of causing a fatal crash because she was allegedly texting her boyfriend is likely to face a retrial following a decision by a judge to discharge the jury considering her case.

Aine Marie McGrath, 25, had been on trial in the District Court since Monday over the death of her work colleague and friend, Sarah Kelly, in a horror freeway crash in August, 2016.

A composite picture of Aine Marie McGrath and fatal crash victim Sarah Kelly. Photo: Passenger Sarah Kelly (r) died after the car being driven by Ms McGrath (l) was T-boned. (ABC News/Supplied)

The jury had been deliberating for more than five hours over three days when it was discharged by Judge Christopher Stevenson, who said his decision was “in the interests of justice”.

It had been alleged Ms McGrath was driving too fast and was distracted by her telephone when she lost control of her car and veered across four lanes of the Mitchell Freeway.

Photo: Aine Marie McGrath sent and received seven messages just before the crash. (ABC News graphic)

An oncoming ute slammed into the passenger side of the car where Ms Kelly, 25, was sitting.

She died at the scene.

The court was told an analysis of Ms McGrath’s telephone found she had received and sent a total of seven text messages in the lead-up to the fatal crash.

In her evidence, she admitted she had been texting, but maintained that in the seconds before the crash her telephone was in the centre console, and she had not read the last message she received.

Ms McGrath maintained the crash was caused when another car pulled out in front of her and she lost control as she swerved to try to avoid hitting it.

When Judge Christopher Stevenson told Ms McGrath it was likely she would have to face a retrial, she and members of her family burst into tears.

She was released on bail until she appears in court again next month, when a new trial date may be set.

Photo: The car veered across four northbound lanes of the freeway before being hit by the ute. (Supplied: District Court)  

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Posted on March 1, 2018, in ConspiracyOz Posts. Bookmark the permalink. 1 Comment.

  1. Here’s another link to this Article – Mick Raven

    Woman denies being distracted by text from boyfriend before fatal crash
    http://www.abc.net.au/news/2018-02-20/perth-texting-driver-trial/9467900

    Like

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