Newspaper article The Observer (Gladstone, Australia)

Court Hears the Facts of Tragic Gold Coast Death

Newspaper article The Observer (Gladstone, Australia)

Court Hears the Facts of Tragic Gold Coast Death

Article excerpt

Byline: Carey Hemingway carey.hemingway@gladstoneobserver.com.au

A GOLD Coast man charged with dangerous operation of a motor vehicle causing death faced Gladstone District Court yesterday.

It has been alleged on November 19, 2006, Candice Blyton was walking beside the Gold Coast Highway at Main Beach, when she was struck by Michael Patriac Murray who, it has been alleged, was driving dangerously.

An allegation denied by Mr Murray, 30, who pleaded not guilty to one charge of dangerous operation of a motor vehicle.

The court was told that Mr Murray did admit he was the driver of the silver 1988 Honda Accord which hit Ms Blyton, 20, about 1am on the day in question.

The jury was also told that Mr Murray conceded Ms Blyton's death was a result of injuries sustained when hit by his car.

Crown Prosecutor Mark Whitbread said the case would centre on the jury's determination of whether or not Mr Murray was driving dangerously at the time.

The jury was told they will need to decide that facts based on a number of circumstances including the condition of the road, the condition of the vehicle, and the number of pedestrians and or vehicles that a person may reasonably consider would make use of the roadway at the time.

On the morning in question Ms Blyton, who had been out partying with friends, was dropped at the intersection of the Gold Coast Highway and Admiralty Drive.

She was last seen just before 1am crossing the Gold Coast Highway, heading in a southerly direction to Surfers Paradise.

No one saw the actual incident.

About 1.25am two male friends walking on the pedestrian footpath attached to the south bound lanes of the Gold Coast Highway came across Ms Blyton who appeared to them unconscious.

One witness when asked by Mr Whitbread what he saw when he first became aware of the incident, said he saw "a girl just lying, lying beside the road". …

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