Mackay man fights against conviction of dangerous driving
A LAWYER representing a Marian man who was convicted of dangerous driving while intoxicated and causing a crash that injured a woman has argued that evidence at the man's trial caused a miscarriage of justice.
Earlier this year David Ronald Mackenzie was found guilty of dangerous driving while intoxicated, causing grievous bodily harm following the crash at Coningsby.
Mackenzie has appealed his conviction at Queensland's highest court and on Friday his barrister, Andrew Boe, argued that evidence a police sergeant gave during the trial about gouge marks on the road caused a miscarriage of justice.
At Queensland Court of Appeal in Brisbane, Mr Boe said the sergeant's opinion should not have been admissible at trial because it was not evidence.
"Evidentiary basis for it was not shown in all of the evidence called by the Crown at pre-trial in relation to that witness' qualification and what he set out to do," he said.
Vicky Loury, representing the Crown, said the police officer's qualifications were explained and included his experience investigating serious crashes that showed he qualified as an expert.
She also said it was a matter for the jury to consider his credibility as a witness.
"The facts which founded his opinion were established in the evidence at trial, which included his own attendance at the scene and his identification of the gouge marks on the roadway," Ms Loury said.
"The evidence was, in my submission, admissible and no miscarriage of justice arises from its admission in the trial."
Mr Boe also argued about evidence that was admitted at trial that showed Mackenzie had a blood alcohol level of 0.157 from a test that was taken after the crash.
But Mr Boe later abandoned this argument.
The Queensland Court of Appeal justices will consider the arguments about the police officer's evidence and hand down their decision at a future date.