THE driver accused of causing the crash that killed a Tamworth woman on her way to work in Armidale is refusing to get a solicitor for his trial, maintaining he wants to represent himself.
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Chris McKinney remains on crutches after suffering serious injuries in the crash and fronted Tamworth District Court on the one-year anniversary of the death of Linda Varley.
The 44-year-old Tamworth mother was killed in the New England Highway crash, north of Bendemeer, on February 28, last year.
Several members of her family were in court for the arraignment of McKinney, who is accused of driving dangerously and causing the crash that killed Ms Varley.
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"I plead not guilty," McKinney said.
He said his decision not to get a lawyer was purely financial.
"I cannot afford one, and that is the reason," he told the court, outlining that he refused Legal Aid because he claims he was not prepared to "have them put a caveat over my home".
"For charges that I don't think are correct."
On the morning of the crash, Ms Varley was behind the wheel of a Suzuki Swift headed north from Tamworth, when McKinney, driving a Volkswagen Tiguan, is alleged to have crossed to the wrong side of the road, slamming head-on to the oncoming car. Ms Varley died at the scene.
McKinney faces a maximum of 10 years' imprisonment, if convicted of dangerous driving causing death.
He told the court "there are a couple of things I disagree with so that is why I'm going to represent myself".
There are a couple of things I disagree with so that is why I'm going to represent myself.
- Accused Chris McKinney
The Crown prosecutor said he had spoken with McKinney before court "to make the distinction" between "dangerous driving and negligent driving".
The facts and issues of the case have still not been agreed by both sides, and the length of the trial and witnesses to be called are still to be determined.
In court, Judge Deborah Payne queried the statement McKinney is alleged to have told witnesses after the impact.
The Crown said McKinney is alleged to have told witnesses that he "has no recollection" of "some time" before the collision.
The prosecutor told the court that McKinney remembered that "he stopped at a certain location" and then the impact occurred.
"His next recollection is being in hospital," the Crown said.
When Judge Payne asked if the statement was accurate, McKinney replied: "near enough, yes".
The court heard there hadn't been a case conference - where the prosecution and defence discuss the evidence to narrow down the issues and shorten any trial - because McKinney is unrepresented.
"There are certain processes and procedures and they will have to be followed," Judge Payne said.
"You should be aware that conducting a trial is a very difficult matter even for experienced counsel, let alone unrepresented accused."
Judge Payne said McKinney would have to empanel the jury, conduct opening submissions and "cross-examine all the witnesses"
"I can advise you of the law ... but I can't advise you on what questions to ask," she told McKinney.
Judge Payne said she was concerned that an unrepresented trial "will make it a very lengthy process, it will make it a slow process".
"I will take that chance," McKinney replied.
McKinney, who lives in Victoria, will return to court in March to set a trial date.
Breanna Chillingworth
Northern Daily Leader Senior Crime and Court Reporter
Northern Daily Leader Senior Crime and Court Reporter
