An accused hit-run driver is fighting allegations of intentionally mowing down a cyclist in Noble Park, a court has heard.
Leanne Danielle De Baize appeared via custody video link at Dandenong Magistrates’ Court on 9 September facing 13 charges, including allegations that she struck the cyclist at speed on Douglas Street, causing him to be ejected from his bike and that she then left the scene.
According to charge sheets, the rider was injured and his $12,472 bike and gear were damaged beyond repair.
A police prosecutor said another vehicle’s 30 seconds of dashcam footage showed De Baize’s white Mitsubishi sedan braking for some time to allow the cyclist to overtake the vehicle on 13 April 2023.
As the rider goes past, the driver then “deliberately” strikes him, briefly mounts the kerb and takes “evasive action” to miss a tree on the nature strip, the prosecutor said.
However, De Baize’s defence lawyer argued the footage shows she had been “clearly trying to steer around the cyclist and failing to do so”.
A witness had stated that he thought De Baize may have stopped and waited to turn into a driveway, the lawyer told the court.
Three of the prosecution’s “bottom line” charges – reckless conduct endangering death, intentionally causing injury and intentionally damaging property – were in dispute.
The defence lawyer took issue with whether the collision was intentional, as well as whether the cyclist was put at risk of death.
He cited witness observations of De Baize driving erratically prior to the collision, as well as her being hospitalized with an “acute” mental health condition soon afterwards.
There was doubt whether she could have formed the requisite mental intent at the time to be found guilty of the charges, he argued.
De Baize was also charged with failing to stop at an accident and failing to report the accident to police, which were not in dispute.
She is awaiting sentencing at the Victorian County Court this month for a separate matter of intentionally causing serious injury.
She will next appear at a contest mention at Dandenong Magistrates’ Court on 21 October.
