Driver committed to stand trial over Kyneton alleged murder
A Kyneton man has been ordered to face a Supreme Court trial after pleading not guilty to murdering his former partner.
Charles McKenzie Ross Evans, 45, has been accused of the murder of 41-year-old Alicia Little at a rural property near Kyneton, north of Melbourne, last December.
Evans’ lawyer, Peter Morrisey, argued the case had exceptional circumstances and made an application for bail, which was rejected at a committal hearing in Bendigo.
This week, Evans had fresh charges of culpable driving and driving in a dangerous manner laid against him.
He pleaded not guilty to the two driving offences and entered a plea of not guilty to the murder charge.
At a committal hearing this week, the Bendigo Magistrates Court heard Evans had a blood alcohol reading of 0.08, recorded several hours after the victim died.
Mr Morrisey said Evans was driving around the side of a water tank when Ms Little was struck, and that there was no evidence that Evans saw Ms Little until he applied the brakes.
“It’s not a front-on hit; it’s a very unusual situation,” Mr Morrisey said.
“I’d submit it’s an accidental scenario.
“He didn’t run into her, she ran into the car.”
Magistrate Patrick Southey agreed the matter was unusual and suggested the pair were in a heightened state at the time.
“The situation is explosive in the minutes before she is fatally struck,” Mr Southey said.
But he disagreed that Evans’ circumstances were exceptional enough to grant his release on bail.
Court hears of violent and volatile relationship
When handing down his ruling, Mr Southey said it was a difficult case and hostility between the pair had reached a crescendo.
The prosecution described how Evans and Ms Little had a history of violence and that Ms Little had called triple-zero to complain about domestic violence before the incident.
Prosecuting lawyer Neill Hutton told the court Ms Little had called her mother to reveal she was leaving the relationship.
Detective Acting Sergeant Leigh Scott Smyth told the court the Homicide Squad usually did not have the power to perform drug and alcohol checks.
But because a car was involved in this case, testing was done on the driver who admitted to a witness he had consumed a few drinks.
Evans will face the Supreme Court in Melbourne later this week.