An Adelaide man who lost control of a high-powered Lamborghini, killing a teenage pedestrian after it mounted a kerb has been found not guilty of causing death by dangerous driving.
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In the South Australian District Court on Thursday, Judge Paul Muscat acquitted Alexander Campbell of the charge after a trial by judge alone.
Campbell had previously pleaded guilty to the lesser offence of driving without due care and will be sentenced on that charge at a later date.
Sophia Naismith, 15, died when his Lamborghini Huracan mounted a kerb and struck her and a friend before crashing into the door of a restaurant in June 2019.
The two girls had been walking along a footpath at the time.
In reasons for his verdict, Judge Muscat said it was not suggested Campbell was speeding, affected by alcohol or drugs or that the road conditions played a role in the crash.
He said the issue was why Campbell lost control and whether that amounted to dangerous driving.
At his trial, prosecutors contended Campbell accelerated harshly causing the powerful rear-wheel-drive car to swerve severely to the left.
But in an interview with police, the 37-year-old said when he changed gear while accelerating up to the 60km/h speed limit the wheels started spinning and the Lamborghini moved sideways instantly.
Campbell said he panicked as he was unable to stop the car from sliding, even though he was applying the brakes.
At the time he was driving in sport mode with the electronic stability system deactivated making the Lamborghini's handling more unpredictable.
As he was aware of those handling issues, Judge Muscat said Campbell should have taken extra care.
But the judge said he was unable to form a conclusion as to whether the acceleration was harsh or something less.
"I am not satisfied beyond a reasonable doubt that the evidence establishes the defendant applied harsh acceleration as contended by the prosecution," he said.
"Put another way, the prosecution has not excluded as a reasonable possibility that the defendant lost control of his Lamborghini as he suggested in his police interview, or that it was the result of the defendant's application of moderate acceleration."
Outside court, Ms Naismith's father Luke said the verdict had devastated the family and denied justice to Sophia.
"It deepens our family's sense of loss and our pain and suffering," Mr Naismith told reporters.
"Since her death, we have placed our faith in the legal system in the unwavering belief that justice would prevail.
"Today it has failed us."
Australian Associated Press
