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ABC News
ABC News
National
By Chris Meldrum

Dual-control car involved in fatal crash 'did not slow down', court hears

A memorial on the side of Broome Highway near where Ms Ozies was killed in a 2017 crash.

A West Australian man could face up to 10 years jail after being found guilty of causing his wife's death in a crash involving a dual-control car north of Broome.

Charlene Ozies, 39, was killed on August 4, 2017 when her Nissan Tiida — fitted with a complete set of pedals on both the driver and passenger sides — crashed and rolled on Broome Highway, in WA's north.

Her husband Christopher Wayne Curley was at the wheel.

Jurors had been told Curley was driving and had overtaken another vehicle towing a caravan when the Nissan lost control.

Ms Ozies suffered a fatal head injury in the crash and died at the scene.

Jurors deliberated for four hours before finding Curley guilty.

Car did not slow down, court told

Prosecutors argued throughout the trial Curley's driving was clearly dangerous, with Major Crash Squad investigators estimating the car could have reached speeds in excess of 200 kilometres per hour prior to the crash.

"As he was approaching a gentle curve, he had accelerated to such a speed the vehicle was unable to take the curve," Prosecutor Mark Hunter said.

But under cross-examination, police admitted they had made a mistake in relation to some speed calculations.

In a video of his police interview played to the court, the 45-year-old told investigators he had been drinking prior to the crash, and he and Ms Ozies had argued beforehand.

Curley said he had taken his foot off the accelerator after overtaking, but the car did not slow down.

He said he looked down at his foot and tapped the accelerator, then pushed Ms Ozies' leg away from the pedals on the passenger side.

"I don't know if she was on there, or her bag was on there," Curley said.

"It was just an instinct."

Defence counsel Seamus Rafferty had argued the dual-control nature of the vehicle meant it could not be proved Curley was responsible for the burst of speed that caused the fatal crash.

Family in mourning

Speaking in the wake of the verdict Ms Ozies's family said it had provided them with a degree of justice.

"She just helped everyone, she was a lovely person," her mother Christine Ozies said.

She said the family held Curley responsible for Ms Ozies's death.

Curley broke down during his police interview when he reflected on his partner's death.

"It's my fault she's dead," he told police.

"It's something I've got to live with for the rest of my life."

He will be sentenced in September.

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