A forensic expert tasked with analysing the scene of a horrific honeymoon golf cart crash that claimed the life of a young bride believes the newlyweds’ failure to wear seatbelts was a crucial factor in the accident.
Senior Constable Gemma Williamson was off-duty but was called to help when Marina Hanna, 29, died on Hamilton Island in north Queensland on June 20, 2022, when the buggy being driven by her husband Robbie Awad, 32, rolled onto its side.
Ms Williamson, who has been a police officer for 14 years and is trained to examine accidents, was then assigned to process the scene.
At Awad’s hearing at Proserpine Magistrates’ Court on Thursday, where he is fighting a charge of driving without due cause and care, police prosecutor Sergeant Linden Pollard asked Ms Williamson for her expert opinion on what caused the crash.
Ms Williamson said there were “a number of factors” including the terrain, how the buggy’s U-turn was carried out and the disproportionate weight in the vehicle due to the lack of seat belts.
“(I believe it was caused by) the fact that the pram was turned the wrong way, and then it turned in such a way that it came out onto Whitsunday Boulevard,” he told the court.
“If seat belts had not been used, there would have been a weight shift, putting more weight on the passenger side, which would have contributed to the rollover.”
Prosecutors argued that Awad drove without due care by making a sharp and illegal U-turn to maneuver the golf cart in the opposite direction, causing it to roll onto its side, instead of turning left onto an adjacent street and then returning to the intersection.
Robbie Awad is photographed with his wife Marina Hanna on their wedding day
Prosecutors say Awad drove without due care by making a sharp and illegal U-turn to steer the golf cart in the opposite direction, causing it to roll onto its side, instead of turning left onto an adjacent street.
However, Awad’s barrister Phillip Boulten SC told the court the vehicle was struggling with electrical faults because its battery had run down, prompting his client to drive in the “most prudent manner” he thought fit, given the circumstances.
Mr Boulten further claims that Awad was not given adequate instructions on the safety features of the buggy, which was left-hand drive, nor was he told by resort staff what to do if the battery failed.
Mr Boulten asked Ms Williamson whether tests had been carried out to determine whether the gradient of the road and the shift in body weight would have caused an accident if the U-turn had been carried out in the alternative, legal manner, to which she replied: “No.”
Mrs Williamson: “No, we don’t put people in a stroller to test it.”
Mr Boulten: But you could have used weights?
Ms. Williamson: “I know from experience that in a turn, people move on impulse.”
The court heard from a previous police witness, Aaron Farrell, who was the assistant manager at the Qualia resort and gave the couple a safety induction on the golf cart.
Mr Farrell testified that he told Awad how to use the vehicle, that Queensland road rules applied to its operation and that there were further instructions about the buggy on the steering wheel.
However, Mr Farrell admitted that he did not give Awad any information on how to charge the pram (as that was the role of another member of staff) and that it was also not standard practice to provide drivers with a user manual.
Addressing Ms Williamson, Mr Boulten pointed out that instructions inside the stroller advised: “Before using the vehicle, please read the owner’s manual and safety warnings.”
“In that case, did you check to see if my client or any guest at Qualia received a copy of the vehicle safety warnings?” he said.
Robbie Awad (center) arrives at the courthouse with an entourage of supporters, including celebrity defense attorney Bryan Wrench. Awad wore a rosary around his neck
“No, I didn’t,” she replied.
Mr. Boulten: Do you know how fast this little car was going when it started to turn?
Mrs. Williamson: “No.”
Mr Boulten asked Ms Williamson if she accepted Awad’s claims made shortly after the crash, during which he told officers he was driving slowly.
Ms Williamson: “That’s what he said (he was doing)… Vehicles are limited to 20km/h, which is slow.”
Mr Boulten: “But he said the vehicle was travelling at 3 km/h.”
Ms. Williamson: “A vehicle traveling at 1 to 2 km/h is not going to roll over.”
Seven golf cart faults detected
Police called in Mackay Electrical Vehicles owner Ronald John Martin to help recover data from the golf cart, which he uploaded to an SD card on July 22, 2023.
According to the data, the golf cart had seven diagnostic faults, including low battery voltage, low state of charge, high pedal detection and lock failure.
Mr Martin explained that low battery voltage and low state of charge were similar, meaning the battery was flat, while high pedal detection was a “common” and insignificant fault, occurring when someone shifts into reverse and accelerates too quickly.
He could not explain the significance of the fourth fault and said he was unable to download the date of the problems, meaning it is unclear when they arose.
The remaining three bugs were missing from the screenshots in the report submitted as evidence.
The court was adjourned to allow Mr Martin time to attempt to recover data from a device he had brought with him to court; however, the file was corrupted and could not be accessed.
Mr Boulten asked Mr Martin how a low battery would have affected the buggy’s performance.
“As the battery depletes, the car’s performance decreases,” he explained.
‘Usually the car battery just slows down.’
Guests at Hamilton Island often use golf carts to get around the island.
Second expert opinion
The court also heard from Sergeant Michael Hollett, of the Mackay Forensic Accident Unit, who worked alongside Ms Williamson on the case and produced a forensic map of the scene.
When asked by Mr Pollard what he believed was the cause of the accident after speaking to colleagues and assessing the crash site, Mr Hollett said “the way the U-turn was carried out”.
“The U-turn was made in the completely wrong direction, contrary to traffic regulations,” he explained.
‘The correct way would have been to make the U-turn uphill, towards the slope.
“If the buggy had made the correct U-turn, the accident would probably never have happened.”
Again, Mr Boulten argued that the police had not conducted any tests to determine whether or not that would have been the case.
Mr Boulten: ‘Have you not calculated what the impact on the vehicle would have been in the event of deceleration?’
Mr. Hollett: “No.”
Mr Boulten: “You say it probably wouldn’t have capsized, but you don’t know, do you?”
Mr. Hollett: “No.”
‘Question of seconds’
The court saw body camera footage of Awad speaking to police officers at the complex shortly after the crash.
Distraught and hyperventilating, Awad can be seen holding his head in his hands and sobbing as he told police he was struggling to get the slow buggy going when it suddenly began to accelerate.
“As we started going up the hill, the stroller started to slow down. I estimate it was going at less than a walking speed. It was walking very slowly,” Awad told the court when he took the stand to testify.
‘When I got to the top of the hill, it was barely moving.
‘(When I got to the intersection) I saw that it was very steep and I couldn’t see anything beyond the curve. I looked ahead and saw that there were no cars, the buggy was moving one metre every two seconds, so I drove the buggy towards the flatter part.’
‘As I was accelerating, I was moving the steering wheel, but since the buggy wasn’t moving, I ended up doing complete turns, then I heard ‘vrrrroom’ and the buggy accelerated really fast,’ he said.
‘I started to think, “Oh, the stroller might tip over,” but by the time I could finish thinking that, it had already tipped over.’
Awad said he made the decision to make the U-turn where he did because it appeared to be the “flatter” area on that section of road and he was having difficulty propelling the vehicle uphill.
He said the accident happened in five or six seconds over a space of three metres and he had no chance to apply the brakes.
However, Sgt Pollard said the vehicle had not broken down to the point where it was necessary to break any traffic rules.
“I’ve told them that with the vehicle still moving, they could have made the correct U-turn. What do you think about that?” Pollard asked.
Awad replied: ‘Based on the situation, where the buggy was barely moving and I wanted to take it back, I made the decision to make a U-turn on the flattest part, which I thought was the safest, so I could get back there.’
Awad pleaded guilty to charges of not wearing a seat belt and using a mobile phone.
The hearing will continue on Friday.