A wife allegedly used her BMW to run down her husband of nine years and a woman he was “having an affair” with, in a deliberate and intended act of “extraordinary dangerousness”, a court has been told.
Christie Lee Kennedy is accused of driving with intent to disable her ex-husband David Larkin and another woman, Zowie Noring, during an alleged violent road altercation in Brisbane’s northside in March last year.
Ms Kennedy has pleaded not guilty to charges of malicious act with intent to disable, but guilty to assaulting Ms Noring.
At the start of her District Court trial on Monday, Mr Larkin gave evidence he last remembers hearing a car “accelerating erratically” before seeing Ms Kennedy’s white BMW heading directly towards him.
He gave evidence that once he regained consciousness, he saw his wife with a “handful of Zowie’s hair” and throwing punches at her, calling her a “slut”.
During Mr Larkin’s cross examination, he was questioned whether he was having an affair with Ms Noring at the time of the incident.
“No,” Mr Larkin answered.
He then told the court he had been “intimate” once with Ms Noring, but they were “not in a sexual relationship”.
“We were having an affair, if that’s how you describe it,” he said.
The jury was told Ms Kennedy and Mr Larkin had been married for nine years, but their relationship began to deteriorate by late 2020.
Crown prosecutor Jennifer O’Brien said Mr Larkin became closer with Ms Noring in January 2021.
The court was told the pair bonded over shared traumatic experiences, after Mr Larkin’s young boy nearly drowned days before Christmas in 2020.
Ms O’Brien said a week before the incident, Ms Kennedy set up the Find My Phone app on Mr Larkin’s mobile.
In the afternoon of March 19, 2021, Ms Noring and Mr Larkin arranged to meet at a park in Wavell Heights.
“Mr Larkin said he wanted to see Ms Noring because he needed to chat to someone that day,” Ms O’Brien told the jury.
Ms O’Brien told the court Mr Larkin then saw his wife driving her white BMW, which crossed the wrong side of the road and struck the pair.
“Ms Noring will tell you Ms Kennedy grabbed her by the hair and punched her to the back of the head several times,” she said.
“(Ms Noring) recalls hearing Ms Kennedy screaming profanities and she heard words like ‘Fat moll’.”
The crown contends Ms Kennedy intended to disable Mr Larkin and Ms Noring when she drove her car – a “large and powerful” object – and ran them over.
“The question to determine is what specific intent did Ms Kennedy have when she drove her car,” Ms O’Brien said.
Ms O’Brien said the jury needed to consider Ms Kennedy’s manner of driving, her relationship with her husband and her use of the Find My Phone app on her own mobile.
In her opening, defence barrister Penny White said Ms Kennedy’s world came “crashing down” when she discovered her husband was “having an affair”.
She said intent of her client to hit the two complainants was a major issue in the trial.
Ms White urged the jury to consider the evidence of when Ms Kennedy found out her husband was “having an affair” and carefully analyse CCTV footage of the car to determine whether her client formed any intent to “disable” the pair.
The trial, before Judge Tony Moynihan, continues.