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National

Linda Britton manslaughter trial submissions end as jury deliberates

The three-week retrial has wrapped up in the case of a Nambucca Heads woman facing manslaughter charges over two unlawful deaths, including her own daughter. 

Aboriginal and Torres Strait Islander readers are advised this story contains the names of people who have died.

Linda Britton is accused of driving a vehicle causing the deaths of two women in Nambucca Heads on September 28, 2019. 

Ms Britton's daughter, 24-year-old Skye Luland, and 20-year-old Kazzandra Widders, both deceased, were fighting in the Nambucca Plaza car park before they were allegedly hit by Ms Britton's vehicle.

Ms Britton faces a total of five charges, including two of manslaughter, as well as dangerous driving occasioning death; and fail to stop and assist after vehicle impact causing death. 

She has pleaded not guilty to all five charges. 

Court hears triple-zero calls and police interview

Ms Britton did not give evidence however the court heard her in two triple-zero calls made, and a recorded police interview of Ms Britton taken the day after the event.

It is alleged by police that Linda Britton was heard saying, "I ended up killing my own daughter" while she was being taken to hospital.

After witnesses and evidence were finalised in Downing Street District Court, Judge Sarah Huggett read the agreed facts to the jury.

They are that a blood sample shows Ms Britton was not under the influence of drugs or alcohol and secondly she received injuries on the evening including abrasions, a loose tooth and a fractured right arm. 

The Crown prosecutor told the jury in his closing arguments that the incident at the shopping centre "should have come to nothing, instead it erupted into violence".

He said that prior to driving towards the women, Ms Britton could have instead called triple zero, flashed the lights, honked the horn or left the scene to get help but she didn't.

The Crown argued that driving the car at the women was an unreasonable "deliberate, voluntary act" that was "the equivalent of lobbing a hand grenade".

'One family's evidence against another'

In the defence's closing submission, Ms Britton's lawyer told the court it was "one family's evidence against another".

He submitted that the physical and independent evidence supported Ms Britton's version of events.

He told the jury Ms Britton saw she had no other choice other than to drive the car at the women.

He described Ms Britton as being "beaten black and blue", as "frightened beyond belief", facing younger attackers, having no phone on her and believing her daughter was "being bashed so severely she could be killed". 

Judge Huggett told the jurors to disregard and dismiss any sympathy or prejudice.

She directed the jurors to only consider what the witnesses had said, and to consider the tendered exhibits including plans, maps and recordings made by body worn cameras and the agreed facts.

She told the jurors, "the fact the accused did not give evidence is not evidence against her".

This is the second time the matter has been before the District Court, with an earlier jury dismissed for misconduct after a three-week trial in December 2021.

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