Man who drove over mates after barbecue 'did not see them', court told
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Man who drove over mates after barbecue 'did not see them', court told — By Romy Gilbert ABC Illawarra Topic:Courts Nathan Bernhard has pleaded not guilty to charges relating to the deaths of two men.(ABC Illawarra: Romy Gi...
By Romy Gilbert
ABC Illawarra
Topic:Courts
Nathan Bernhard has pleaded not guilty to charges relating to the deaths of two men.(ABC Illawarra: Romy Gilbert)
The trial of a South Coast man accused of fatally running over his two friends after an afternoon of drinking in 2023 has begun.
Nathan Bernhard has pleaded not guilty to two counts of dangerous driving occasioning the deaths of Stephen Lippis and Bobby Kelsall.
The trial is expected to run for five days in front of Judge Christopher O'Brien.
The wife of one of two men fatally run over following a backyard barbecue has described the aftermath of the collision at the driver's trial.
Stephen Lippis, 41, and Bobby Kelsall, 36 died after being run over in North Nowra in May 2023.
The driver of the car, Nathan Bernhard, is standing trial accused of two counts of dangerous driving occasioning death.
During the first day of his trial before Judge Christopher O'Brien on Wednesday, jurors heard from Amy Lippis, wife of Mr Lippis, who hosted the event at their home on Condie Crescent.
She told the court when she arrived home after work around 6pm, the men were out the back drinking and preparing to barbecue meat.
Ms Lippis told the court she spoke with all three men and that none of them appeared to be "drunk drunk".
Ms Lippis said she later went outside and saw the men on the road, after she heard Mr Bernhard say something like, "Oh no, you're kidding."
She said Mr Bernhard said, "I'm sorry, I didn't see them".
During opening statements earlier in the day, Crown Prosecutor David Coulton warned the jury would "no doubt have sympathy" for Mr Bernhard, who was not accused of intentionally killing his friends.
"But your role as a juror is to put that sympathy to a side," the Mr Coulton said.
It is the Crown's case that Mr Bernhard was driving in a dangerous manner by speeding, without adequate headlights, under the influence of alcohol and unable to "keep lookout", when the incident occurred outside the home.
Nathan Bernhard (right) and his brother leave Nowra Local Court.(ABC Illawarra: Romy Gilbert)
Defence barrister Justine Hopper echoed the Crown, acknowledging the jury may at times find the evidence "distressing".
But she said "emotion has no role to play" in the jury's decision-making process.
The court heard that following an afternoon of drinking together, the trio of mates who had previously worked together headed to Mr Lippis's home for a barbecue.
But she said "tragedy" occurred at about 6:45pm, when Mr Bernhard, who lived about one kilometre away, decided to drive home.
Ms Hopper said for unknown reasons, both Mr Lippis and Mr Kelsall decided to lay down in the middle of the road and that "Nathan did not see them".
"Nathan Bernhard might have been negligent with his driving, but his defence is that he did not drive dangerously," she said.
The Crown will allege Mr Bernhard returned a blood alcohol reading of 0.09 shortly after the incident, above the legal limit of 0.05.
Emergency services tried to save the two men hit but they died at the scene.(Supplied)
Chad Newcome, a friend of Mr Lippis, was present at the barbecue for about two hours, while Mr Bernhard was down the road at his own house, but left before the incident occurred.
Giving evidence, Mr Newcome told the court he remembered thinking that Mr Lippis had had a few drinks, but was not struggling to stand.
"I think he was affected but not to the point he was drunk," he said.
Mr Newcome said Mr Kalsell was also affected and was unstable on his feet.
The court heard a number of neighbours attended the scene after hearing noises, and attempted to assist the men who died at the scene.
The trial is expected to run for a week.
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