Wednesday at the Oakville courthouse, Crown attorney Laurie Jago told the court she and the defence lawyer agreed there was no point for Lori McKinley to take to the witness stand because she maintains she can't remember anything about what happened.

McKinley suffered serious injuries after being thrown from the car in the gruesome accident February 23, 2007, at the intersection of Fifth Line and Steeles Avenue.

"Ms McKinley's position is she has no recollection (of the events)," Jago told Judge Stephen Brown on what was the seventh day of Palmer's trial, which started in February.

The 32-year-old Milton man has been charged with impaired and dangerous driving causing death and bodily harm in connection with the collision, as well as driving with over the legal limit of alcohol in his blood.

The court previously heard that at 3 a.m., after spending time at a couple of local bars, Palmer, McKinley -- Palmer's girlfriend -- and Jason Wood were in a car traveling eastbound when it struck the back of a stationary transport-trailer pulled over partly on the shoulder.

Police testified earlier in the trial that Wood and McKinley were both ejected from the vehicle. Wood, a 33-year-old Milton-area man, died instantly.

Palmer wasn't seriously injured, police said.

Numerous police officers have testified they believed Palmer was in the driver's seat, but at least one officer said Palmer told him at the scene he was sitting in the back and that there was a fourth person -- who was never found -- driving the vehicle.

Jago and Caroline told the judge Wednesday they both agree on a set of facts regarding McKinley.

Those facts included that McKinley was in the front passenger seat of a vehicle she leased when the collision took place, Jago said.

The judge also heard from another Crown witness, Officer Stephen Martin of Halton Regional Police.

Martin showed the court the visor recovered from McKinley's Nissan and told Jago a few hairs were found embedded in the visor's fabric. There was also a small dent and a crack in the mirror, court heard.

He testified the damage appeared to be from a head striking the visor.

But Caroline, asking to examine the visor, said he couldn't feel a dent.

Next, Officer Larry Long of Halton police's collision investigation bureau took to the stand and told Jago he'd noticed two small cuts on Palmer's forehead in his dealings with him after the accident.

In his cross-examination, Caroline questioned Long about why Palmer wasn't given a chance to provide a taped statement at the Milton police station when he said he was ready.

Long replied there were no facilities available at the time.

The trial will resume September 22 in Burlington.

Stephanie Hounsell can be reached at sthiessen@miltoncanadianchampion.com.