In short:
Sydney man Robbie Awad has been found not guilty of driving a golf buggy without due care and attention causing the death of his wife on Hamilton Island in June 2022.
The buggy flipped and killed Marina Hanna, 29, on their honeymoon.
Mr Awad was supported at the two-day hearing in Proserpine by family and friends.
A magistrate has found a man not guilty over a buggy rollover that killed his wife on their honeymoon in the Whitsundays.
Sydney man Robbie Awad, 32, appeared sombre as the verdict was delivered in the Proserpine Magistrates Court on Friday afternoon.
He was hugged by loved ones after the words “not guilty” were read out by Magistrate Kerrie O’Callaghan.
Mr Awad has been acquitted of one count of driving without due care and attention causing the death of his wife Marina Hanna, aged 29, on June 20, 2022.
The pair were just days into their honeymoon on Hamilton Island after a wedding in Sydney.
They had been a couple for eight years at the time of the accident.
At the start of the hearing on Thursday, Mr Awad pleaded guilty to three other charges, including driving without a seatbelt, failing to ensure his passenger was wearing a seatbelt, and using a mobile phone while driving.
The court heard Mr Awad was not using his mobile phone at the time of the crash and it had been returned to his pocket.
His wife had asked him to stop using his mobile phone, which he had opened to search for directions.
Mr Awad came to both days of the hearing with rosary beads around his neck and clasped them in his hands several times throughout the proceedings.
Catastrophe occurred within seconds
The court heard Mr Awad decided to make a U-turn in the golf buggy after it began to fail when driving up a steep hill because of an issue with its battery.
In his closing address, defence lawyer Phillip Boulten said it was “impossible” for Mr Awad to do a U-turn without encountering a steep decline, which risked the stability of the buggy.
“It was an emergency, it was a catastrophe that occurred within a state of seconds and he couldn’t do anything about it,” Mr Boulten said.
He said the buggy was travelling at a slow speed because of its low battery, and Mr Awad had put his foot on the accelerator.
Mr Boulten told the court the buggy then unexpectedly sped up because of a power surge during the turn, causing it to flip and kill Ms Hanna.
“There was no disregard for his safety or his wife’s safety, there was no disregard for the safety of other potential road users,” he said.
The prosecution argued Mr Awad did an incorrect U-turn which caused the crash.
The court heard the buggy’s steering wheel was on the left hand side and Mr Awad turned the buggy in an anti-clockwise direction.
Magistrate O’Callaghan found there was no substantial evidence that the buggy would not have rolled if the turn was done correctly.
She also accepted that the couple’s failure to wear a seatbelt had a minimal impact on their centre of gravity and the outcome of the crash.
Mr Awad was fined $3,483 for the three other charges.
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