A prosecutor has told the District Court it would be "offensive" to suggest a fatal crash that claimed the life of an Adelaide teenager was merely the result of an "unfortunate accident".
Sophia Naismith, 15, died in June 2019 when she was hit by an out of control Lamborghini while she was walking on a footpath outside a Chinese restaurant at Glengowrie in Adelaide's west with her friend, who was also injured in the crash.
Alexander Campbell, 37, has pleaded guilty to driving without due care but not guilty to causing death and harm by dangerous driving.
Wrapping up the trial before Judge Paul Muscat, who is sitting without a jury, prosecutor Kos Lesses said in his closing submissions that the evidence proved Campbell's driving was "legally dangerous".
"On the prosecution case, Your Honour, the one simple and obvious thing that caused the Lamborghini to lose control was the deliberate and dangerous driving of the accused by accelerating in a harsh and unsafe manner," Mr Lesses said.
Mr Lesses said that by his own admission to police, the defendant knew that the high-performance car was prone to "fishtail" and lose control while being driven in sports mode.
"He was still foolish enough to put his foot down on the gas on this cold night knowing there was a risk that this car would slip out and lose control," he said.
In constant exchanges during Mr Lesses's closing address, Judge Muscat debated the definition of dangerous driving and other prosecution assertions about the evidence.
Mr Lesses referred to expert evidence from supercar driver Luke Youlden that there had to have been "excessive throttle ramp" for the car to respond the way it did.
"Whatever label or adjective or description you want to put on it, the throttle input in this particular case was sufficiently excessive to achieve the kind of loss of control that occurred in this case," Mr Lesses said.
On the topic of the manner of acceleration, Mr Lesses said the evidence clearly established that Mr Campbell "put his foot down" moments before the fatal collision.
One of many exchanges between the judge and prosecutor focused on the role that sports mode played in establishing dangerous driving.
"It can be driven safely in this mode," Judge Muscat said.
"Well too bad it wasn't driven safely on this night in this mode," Mr Lesses replied.
The court heard there was evidence Mr Campbell had driven "side-by-side" next to a friend who was driving a Mercedes in the lead-up to the fatal crash.
But when asked by the judge whether the prosecution alleged street racing, Mr Lesses said there was not enough evidence to prove a race took place.
"Whichever way you look at it, this collision is not merely an unfortunate or unpredictable accident … I respectfully submit that is an offensive proposition," Mr Lesses said.
"I ask rhetorically, how many cases has Your Honour experienced in your long legal career of driving without due care where a vehicle ends up planted in a building 15 metres away from the side of the road?"
Accelerating isn't against the law: defence
Mr Campbell did not give evidence in his defence or call any witnesses.
In his closing address to the judge, Mr Campbell's lawyer, Craig Caldicott, said his client was travelling at 53 kph at the time he lost control and the prosecution had not proved dangerous driving under the criminal law.
"There's no suggestion of excessive speed," Mr Caldicott said.
"We're entitled to speed up to the speed limit and entitled to use moderate acceleration … that is not against the law."
When asked by the judge about an eyewitness who gave evidence she heard "loud revving" from the Lamborghini just before the crash, Mr Caldicott said that was due to "moderate" but not dangerous acceleration.
"Your Honour, that came about because of the change of gears … and moderate acceleration," Mr Caldicott said.
"Even if it was moderate or excessive acceleration, I don't believe that would amount to driving in a manner dangerous — that's my ultimate position."
Mr Caldicott said the use of summer tyres on a cold winter night could have contributed to the vehicle losing control.
He said his client was "clearly distraught and distressed" when talking to police after the crash, when he told them "I didn't even do anything, it just moved sideways, it didn't stop … it just threw me into the curb".
"It's powerful — it's not like a normal car, it's just not," Mr Campbell told police afterwards.
The prosecutor said Mr Campbell had "conveniently left out" his allegedly harsh acceleration prior to the crash and tried to downplay his role in the accident.
Judge Muscat has reserved his decision and will deliver his verdict at a later date.
