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ABC News
ABC News
National
Leanne Wong and Danny Tran

Glenn Martyn, who ran over ex-wife, cleared of all charges relating to her death

Gayle Potter was run down and killed by her ex-husband outside her home. (Facebook: Gayle Potter)

A Victorian man accused of running over his ex-wife in Victoria's east in 2018 has been found not guilty of failing to stop and help.

Glenn Martyn originally faced charges of manslaughter, dangerous driving causing death, and failing to stop after an accident, over the death of his former partner Gayle Potter outside her Traralgon home in 2018.

The first two charges were dropped last week, after the defence successfully argued there was no case to answer.

On Thursday, a Supreme Court jury found Mr Martyn, 57, not guilty of the remaining charge.

Ms Potter, 46, was found bloodied and battered in the driveway of her home after she was dragged under Mr Martyn's Mitsubishi Pajero following a heated argument.

Crown prosecutor Robyn Harper previously told the jury that after the fatal incident, Mr Martyn was confronted by the son the couple shared, and told him that Ms Potter was "banging" on his side of the car, and that he thought he had only "bumped" her as he drove off.

Ms Harper said the accused man later texted his daughter and said: "So how is she … when you calm down, you can hear my side."

"You f**king killed her," the daughter responded.

"Don't be stupid," Mr Martyn wrote back.

The Traralgon property where Gayle Potter was killed. (ABC News: Nicole Asher)

Ms Harper said Ms Potter was standing at the driver's side window when Mr Martyn drove forward, dragging her under the car and running her over before driving away.

"It was his action of driving in these circumstances that caused Ms Potter to become caught in the rear wheel of the car, to be dragged under the car," Ms Harper said.

"The prosecution case is that gross negligence can be demonstrated by the accused moving the car forward at all."

But defence lawyer Peter Morrissey SC told the jury Ms Potter had "thrown herself" at Mr Martyn's car, and his client was unaware she had been run over.

"She went at him," Mr Morrissey said.

"It's not his conduct that caused the death … it was her act … it's an act, by her, to make contact with him, make contact with the car.

"All he wanted to do was to leave and it was absolutely the right thing to do, to get out of there."

Last week, Justice Christopher Beale told Victoria's Supreme Court there was no evidence which would enable a jury to find Mr Martyn had time to react and stop his car.

He ordered not guilty verdicts be entered in the record for the charges of manslaughter and dangerous driving causing death.

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