‘Dangerous’ taxi driver’s case ends in mistrial, but SA judge will continue using precedent set by old bikie prison blackmail case
Yet another trial has come to a sudden, aborted end in South Australia’s courts but, this time, taxpayers have been spared the bill — thanks to, of all things, bikies.
- Driver ‘so fatigued he was oblivious to ploughing through pedestrian’
- Mistrial one: Alleged wife killer’s case ‘undermined by judge’
- Mistrial two: Alleged defacto killer told to get new lawyers
The state’s courts have suffered a third mistrial in two months — but taxpayers won’t foot the $150,000 bill thanks to an extremely rare legal precedent set by a bikie blackmail case.
The Advertiser can reveal the trial of taxi driver Amanpreet Singh was aborted on the very day prosecution and defence counsel were scheduled to give closing addresses to the jury.
Singh’s mistrial follows those of Peter Rex Danise, who allegedly murdered his wife, and Wendie-Sue Dent, accused of fatally poisoning her defacto to claim his estate.
Jurors had heard six days of evidence, over allegations Singh killed pedestrian Manjit Dhadwal by dangerous driving, before District Court Judge Barry Beazley dismissed them.
However, for just the second time in South Australian legal history, the trial will not restart — Singh’s case will instead proceed without a jury at all.
With the agreement of prosecution and defence, Judge Beazley enacted a little-known precedent that allows him to continue and rule on the evidence already lodged.
The first, and until now only, time a trial continued in that manner was in 2016 when three outlaw motorcycle gang members were acquitted of an alleged prison blackmail plot.
Their case ended in mistrial three times before the parties agreed now-retired Justice John Sulan should continue on without a fourth restart.
Singh, 30, of Seaton, has pleaded not guilty to one count of causing death by dangerous driving.
Prosecutor Michael Foundas alleged Singh was behind the wheel of a taxi that drove through and killed Mr Dhadwal, 61, on Anzac Highway in November 2017.
He said Mr Dhadwal was intoxicated, and crossing all six lanes of the highway in the dark on a rainy night.
However, Mr Foundas alleged Singh had at least 180m in which to take evasive action but failed to do so, due to distraction and fatigue.
He said he was using his taxi’s computer and “falling asleep” at the wheel when he “simply ploughed Mr Dhadwal, oblivious to his presence until after the fatal collision”.
Over six days, jurors heard evidence from two expert vehicle crash reconstructionists and three professors — one of whom has research that has been published internationally.
They gave evidence on topics ranging from the effects of sleep deprivation and fatigue to the impact of intoxication on the human brain.
Jurors were scheduled to hear closing addresses from the prosecution, defence counsel and Judge Beazley on Tuesday morning.
However, Judge Beazley closed the court — at the request of Singh’s lawyers — and, after a short hearing, called the jury into the room and formally dismissed them.
Court registry records show that Mr Foundas applied for the mistrial and Martin Anders SC, for Singh, proposed Judge Beazley continue the matter as per the precedent.
Mr Foundas agreed, and Judge Beazley ordered the evidence “already received in the trial be evidence before me”.
Singh was remanded on continuing bail until November, when the trial will resume.
In May, the Supreme Court trial of Peter Rex Dansie — for the alleged 2017 murder of his wife, Helen — aborted after 13 days and an estimated cost of $325,000.
His counsel complained Justice David Peek had “undermined” Dansie’s right to silence in the judge-alone trial.
They said Justice Peek had twice given the “strong impression” their client should give evidence in his own defence.
Justice Peek denied doing so but granted the mistrial application after prosecutors dubbed the complaint “a real problem for this trial on such a fundamental issue”.
Dansie’s retrial is set for October.
Last Friday, the Supreme Court trial of Wendie-Sue Dent — for the alleged 2015 poisoning of her defacto, David Lawrence — ended after four days and an estimated $100,000.
Justice Tim Stanley did not give jurors a reason for his decision to abort the matter, but told Dent she “will have to take steps to obtain new legal representation”.
Dent, who is in custody, will face court again next month.