A woman has faced court after pleading not guilty to failing to render assistance to an injured man on a road in Horsham in western Victoria.
Jake Duncan, 24, died in hospital on February 18, 2020 with serious head injuries, two days after police and coroners believe he was hit by a car on Dooen Road in the early hours of February 16 following a night out with friends at the Royal Hotel and Wilsons nightclub.
This week, the case of Riverside woman Kim Schorback, 49, was considered over two days at a contested hearing in Horsham Magistrates Court.
She has pleaded not guilty to two charges of failing to render assistance immediately, which stem from the fact her car was in the same area at the time Mr Duncan was last seen alive.
There is no suggestion it was Ms Schorback's driving that caused Mr Duncan's death and Magistrate Ron Saines stressed this to a packed gallery in the courtroom as the hearing concluded on Thursday.
"The charges do not allege that it was her driving that caused [Mr Duncan's] death," he said in closing.
"The charges allege that if an accident happened, then she has an obligation to stop and render assistance."
'Man appeared happy'
The court was played CCTV footage showing Mr Duncan walking up Firebrace Street with a friend after leaving the nightclub at 4.43am.
He appeared happy while buying cigarettes at the Baillie Street Caltex alone a few minutes later and was seen walking along the middle of Dooen Road after that, the court was told.
In documents tendered to the court, a taxi driver said they saw Mr Duncan "flailing about" and "walking across a bicycle lane".
The court heard Mr Duncan may have been walking in the middle of the road while trying to find a friend's house, which was not far from Glen Logan Restaurant.
CCTV footage also appeared to show Ms Schorback's car being driven south into Horsham on Dooen Road at about 5.30am, driving north on the same road back the other way at 5.40am and south on Dooen Road, back into Horsham, at 5.45am.
Detective Senior Constable Robert Mitchell, who was involved in the investigation into Mr Duncan's death, told the court Ms Schorback then went to an Anytime Fitness gym for half an hour.
There is no footage of Ms Schorback's car and Mr Duncan in the same place at the same time.
The court heard that during a police interview, Ms Schorback, who did not give evidence during this hearing, said she saw what she thought was a bag of rubbish when she drove into Horsham the first time.
She said she had driven over something that caused a bump, which she thought was a "piece of wood".
The court also heard Ms Schorback washed her car early on Sunday morning.
The court heard that a few days later Senior Constable Mitchell looked at Ms Schorback's vehicle and found "scuffing" and marks between the fog and headlights on the passenger side.
A death with wide impacts
Nine people were called to give evidence during the hearing.
Amanda Luff told the court she was driving from Murtoa to start the early shift at Coles Horsham when she noticed Mr Duncan's body on the roadside at 5:38am.
She slowed down and called triple-0 when she noticed his body, but continued driving.
Police later verified that damage on Ms Luff's Mitsubishi Lancer was "long-standing" and Ms Luff told the court she "definitely didn't hit anything" herself.
Mr Duncan was pronounced brain dead in hospital on Monday, February 17 and his life support was switched off the following day.
Jenelle Hardiman of Victoria Police's collision reconstruction unit told the court she could not determine whether Ms Schorback's vehicle had struck a pedestrian from the evidence available.
"If the injuries he sustained were from a vehicle, then at the time he was lying on the ground," Dr Hardiman said.
"There is an absence of any lower leg or abdominal injuries.
"If he was standing … or crouching, we would still see other body injuries.
"I expect his head was near the fog line and his body on the road shoulder, but there is no evidence."
Mel Archer, the coroner who did the autopsy, said she believed Mr Duncan was kneeling or crouching at the time of the impact that caused his death.
She said there was no evidence more than one car wheel struck Mr Duncan and that a car was the most likely cause of his injuries.
Dr Archer took a blood alcohol reading before Mr Duncan died.
It registered 0.15.
Mr Duncan's death prompted an outpouring of grief, with Wimmera residents planting sunflowers in his honour and a holding tribute concert in Warracknabeal in March 2021.
Dennis Kelm, who worked with Ms Schorback at Wimmera Base Hospital, told the court she was a "kind" and "honest" woman.
Ms Schorback will learn whether she is guilty or innocent of the two fail to render assistance charges on Monday, September 26.
Her bail has been extended until then.
