The trial of a Stawell woman charged over the deaths of four women, aged in their 60s and 70s, returning home from a linedancing function in western Victoria, has begun in the Ballarat County Court.
Lorraine Nicholson was 64 years old at the time of the incident in May 2018 and has pleaded not guilty to eight charges including culpable driving causing death, and the alternative charge of dangerous driving causing death.
In his opening remarks, defence barrister David C Hallowes said it was a tragic and terribly sad case, adding the jury would have to put their sympathy for the deceased and their loved ones aside in making a fair verdict.
"Just because a terrible collision has occurred and tragedy has resulted, doesn't mean someone has to be guilty of some offence," Mr Hallowes said.
It is alleged Ms Nicholson was driving on Stawell-Avoca Road when she failed to brake ahead of a stop sign at the intersection with Ararat–St Arnaud Road, crashing into a second car near Navarre, north-west of Ballarat.
The women who died in the crash were part of the Hamilton Bootscooters Club and had been at a linedancing event in St Arnaud.
The driver of the vehicle, Hamilton woman Elaine Middleton, 75, and passengers Heywood woman Dianne Barr, 64, Portland woman Claudia Jackson, 71, and Hamilton woman Margaret Ely, 74, were killed in the accident.
Crown prosecutor Andrew J Moore said the Crown case would be that Ms Nicholson's driving was grossly negligent and the deaths were caused by culpable driving of the accused.
"[The] alternative is that her driving was at the very least dangerous [and] that created a real risk that members of the public would be killed or seriously injured," Mr Moore said.
In his opening remarks, the Crown prosecutor told the court Ms Nicholson was very familiar with the road and intersection, the existence of the stop signs, and that she failed to heed multiple warnings.
"In fact her speed when she entered the intersection was more than the speed limit," he said.
It's understood the accused's car was travelling at 89 kilometres per hour when it collided with the hatchback.
Ms Nicholson was returning home from Bendigo, where she had been visiting her mother in the hospital's intensive care unit, and had dropped off her brother in the town of Dunolly.
The court heard alcohol, drugs, mobile phone use, and fatigue were not factors in the incident.
Mr Moore said in an interview with police 12 days after the crash, Ms Nicholson said she thought she had put her foot on the brake.
The crown said the accused's explanation to police of what she did while driving was inconsistent with the evidence gained from the scene.
It is understood from data taken from the airbag in Ms Nicholson's four-wheel drive five seconds before the crash, the driver had not put her foot on either the accelerator or the brake.
"There were many, many signs, road markings applicable to vehicles approaching that stop sign," Mr Moore said.
Defence barrister Mr Hallowes said Ms Nicholson was paying attention and did attempt to stop.
"You'll have to consider the possibility that Ms Nicholson at that time when she could comfortably brake has gone to brake and missed the pedal," Mr Hallowes told the jury.
"If that's a reasonable possibility when you've heard all the evidence then Lorraine Nicholson is not guilty of all of these charges."
The trial continues tomorrow, with the jury expected to visit the site of the crash on Thursday.
