A Perth man saw his friend drinking Captain Morgan rum after a car crash, the Launceston Magistrates Court heard.
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Damien Shepherd gave evidence in the case of Shane Edward Bruce, 37, who has pleaded not guilty to drink driving.
The court heard in July that Mr Bruce lost control of his utility and crashed, wiping out seven to eight metres of garden fence at about 4.30pm on November 28 last year.
He recorded a breath analysis of 0.182 when tested by police at about 6.30pm that night.
Defence counsel Fran McCracken has argued a drink pattern defence based on Mr Bruce's purported alcohol consumption after the crash.
Forensic Science Services Tasmania scientist Carl Gardner gave evidence that a person of Mr Bruce's weight would have recorded a reading of between 0.189 and 0.245 if he drank two beers and a cider, which he drank before the crash, and the 600ml of rum.
Magistrate Ken Stanton said the defence needed to prove on the balance of probabilities that Mr Bruce was less than 0.05 when he drove.
Mr Shepherd said he received a phone call "early afternoonish" and went around to Mr Bruce's house. He saw him drink three to four glasses of rum with "very little coke" in about an hour.
"It was straight Captain," he said.
Police prosecutor Trudi Lusted asked: "Did he offer you a drink".
"No," Mr Shepherd said.
"Was there any conversation about police attending?," Ms Lusted asked.
"No," he said.
The court heard at the last hearing that Mr Bruce put his car in a neighbour's garage after the crash. "Where was his ute?," Ms Lusted asked.
"In his driveway," Mr Shepherd said.
"If I put it to you that he put it in someone's shed and wasn't in the driveway what would you say?" Ms Lusted asked.
"That's false," Mr Shepherd said.
"I put it to you, you are not telling the truth to protect your friend," Ms Lusted asked.
"That's false," he said.
Mr Shepherd said that the ute got moved into the next door garage later on.
The court heard in the previous hearing that Mr Bruce's mother arrived at his Perth home and took him to her home at Kings Meadows where police found him before the breath test.
"It was a Sunday evening and it just happens that his mother turns up uncontacted and removes him from the scene of an accident and from being dealt with by police," Mr Stanton said in discussing with counsel a number of evidentiary things which caused him concern.
A decision is on August 31 at 2.15pm.
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
