Major problem in Burgess claim

The 63-year-old woman charged with crashing into two tourists on Noosa Parade last year May will face trial for the horrific crash that left one man without a leg.
Nola Barbara Burgess is charged with drink driving and dangerous driving causing grievous bodily harm after her car slammed into two tourists on the Noosa Parade roundabout on 26 May last year.
One of the victims, a German national, had to have his leg amputated as a result of his injuries, while the other man sustained minor injuries.
Ms Burgess appeared in Noosa Magistrates’ Court on 26 March where defence lawyers cross examined key witness and mechanic, Simon Major.
Ms Burgess’ defence argued her vehicle may have “unintentionally accelerated” while coming down Noosa Parade, causing the accident – a claim Mr Major denied and said wasn’t possible as the throttle mechanism “operated smoothly and freely” when tested and had no scarring to indicate a jam.
“There was no mechanical malfunction with the throttle,” Mr Major said.
Mr Major said while it wasn’t possible to rule out a single incident of “unintended acceleration” if something became lodged in the throttle mechanism, but if this was the case something would have to pass through the car’s filter system, which is designed to stop dust, and would most likely still be in the system on inspection.
The case will now go to trial at a date yet to be set and Ms Burgess is due to face Noosa Magistrates’ Court on 28 July to answer one charge of drink driving.