Drunk pedestrians blamed for Vic crash
A driver was drunk and speeding when he ploughed into two pedestrians on a Melbourne road, killing one and seriously injuring the other.
But his barrister has told a jury the reckless actions of the drunken pedestrians caused the collision.
Iouri Goriainova, 23, hit the two men as they crossed a road in Prahran in January 2012, striking one man with such force his leg was almost severed.
He recorded a blood alcohol reading of 0.143 after the crash, almost three times above the legal limit, and police estimate his car was travelling 10km/h to 25km/h over the speed limit when it hit the men.
One victim died after being knocked onto the car windscreen, while the other suffered life-threatening injuries.
Defence barrister Philip Dunn QC told Goriainova's Victorian County Court trial the drunk and reckless behaviour of the pedestrians caused the crash.
The pedestrians had blood alcohol levels of around 0.24 and 0.175 and crossed at a hazardous point, Mr Dunn said.
"It doesn't matter if the pope is driving the car, because what happens is two drunken men decide to cross the road against the red light," he told the jury in his closing address.
"The conduct of the pedestrians ... was not only reckless but it caused this accident.
"All they had to do was wait three or four seconds and the cars would've passed."
Mr Dunn said the accident happened along a darkened street and that a witness told police that Goriainova had no way of missing the men when they stepped onto the road.
Prosecutor Anne Hassan said a sober driver travelling the speed limit would have avoided the crash.
"An uncompromised driver would not have hit these pedestrians, the accused man drove straight into them," she said.
She said Goriainova told police he noticed the men on the road when he was about 50 metres away, but thought they would abort their crossing.
She said that demonstrated the "distorted thinking process" of the driver when he hit the men.
A police investigator told the trial she estimated Goriainova was travelling between 80km/h and 85km/h upon impact.
She found there was no evidence Goriainova had applied the breaks before hitting the victims.
Goriainova has pleaded not guilty to culpable driving causing death and negligent driving causing serious injury.
The jury will retire to consider their verdict late on Friday.
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