Lawyers acting for a Melbourne woman accused of killing her sister in an alleged hit and run have asked a court to throw the charges out.
Asyai Luk returned before the Melbourne Magistrates’ Court on Monday for a committal hearing which will decide if the case goes to trial.
Prosecutors allege Ms Luk killed her older sister, Gol Luk, 24, in the western Melbourne suburb of Sunshine in November last year.
Six witnesses were called to give evidence, including residents of the street, who told the court they heard the sisters fighting before the crash.
“I heard, it was certainly something like; ‘I’m being attacked, call the police I’m being attacked’,” neighbour Mitchell Wingard said.
The court was told the pair allegedly had a physical and verbal altercation about 3.10pm, after which Gol Luk exited her sister’s car.
She was allegedly attempting to re-enter the car, when Ms Luk took off at a “fast rate of speed”, dragging Gol Luk along before she struck her head against a parked vehicle.
Ms Luk‘s barrister, Peter Morrissey S.C., told the court the defence would argue his client’s actions were not “dangerous”.
“CCTV graphically captured what happened in the collision,” he said.
“My client is distressed and doesn't want to see it … But watching that is the key, the witnesses don’t add a whole lot.”
Ms Luk, who was flanked by a friend and her mother, held her head in her hands as Mr Morrissey argued the presiding magistrate should discontinue the case.
He argued, if the case proceeded to trial, no jury could find that his client had driven in a dangerous manner.
“The prosecution have to prove that the manner the accused drove posed a real, and not speculative, danger to the public,” he said.
“There was nothing risky about what she did … she simply drove on the carriage way.
The way the sister is trapped is tragically unlikely and unusual and awful, you can see the sister grab hold of the top of the vehicle … she (Gol Luk) made a bad mistake, that‘s what happened.”
A prosecutor argued Ms Luk’s alleged actions were “plainly dangerous”, submitting the case should be committed for trial.
“Ms Luk drives off with the door wide open and at a fast rate of speed … it’s plainly dangerous,” she said.
“They’re arguing and Gol Luk goes to put (her) foot in. That is when Ms Luk takes off at speed.”
The court was told despite Gol Luk’s “wailing”, her sister allegedly left the scene and told police hours later she did not know her sister was injured.
Gol Luk was rushed to the Royal Melbourne hospital with serious head injuries but later died.
Magistrate Brett Sonnet reserved his decision on the application to discontinue charges and will hand down a decision on Tuesday.