‘Not uncommon’: Lawyer’s defence of alleged fatal crash driver
A court has heard a teenager charged with the death of a pregnant woman crossing the road tried to “punch through” an orange light moments before the crash.
A teenage driver’s lawyer has defended the P-plater accused of killing a pregnant woman and her unborn child after speeding through an orange light, saying the practice is “not uncommon” among drivers.
Aaron Papazoglu was allegedly driving his BMW sedan at excessive speed through an intersection in Hornsby on Friday night when he collided with the car in front of him.
The impact of that collision saw the other car pushed into Samanvidha Dhareshwar as she walked on a nearby footpath with her husband, killing her and her unborn baby.
Papazoglu, 19, faced Parramatta Bail Court on Sunday, telling magistrate Ray Plibersek he really wanted to “see his family” as his solicitor Patrick Schmidt argued he should be released on bail, saying he had no criminal or traffic history.
Mr Schmidt told the court Papazoglu was studying business at Macquarie University while working in after-school care and lived with his mother, while multiple family members provided character references on his behalf.
“It’s not uncommon for people to punch through an orange light,” Mr Schmidt said.
He added there was no police pursuit and no allegations of alcohol, drugs or street racing being involved.
Mr Schmidt told the court his client was “firmly embedded in his community” and raised concerns about the vulnerability in custody of a young man, who had already gone through difficult times following the death of his father.
Papazoglu’s lawyer also argued that just seconds before the crash, the Kia Carnival he collided with had stopped to allow pedestrians to cross where there wasn’t a crossing.
A still image from police body-worn cameras, shown to the court, depicted significant damage to the BMW.
Prosecutor Candice Chapman opposed bail, citing concerns Papazoglu may fail to appear and arguing his release posed an “ongoing risk to community safety”.
“This wasn’t a momentary lapse of judgement,” Ms Chapman said.
“He chose to proceed through an orange light at excessive speed, causing the collision.”
Mr Plibersek refused bail, describing the matter as “very serious” and the circumstances as “tragic”.
“My heart goes out to that family for their loss,” he said.
“It is an absolutely tragic case, a mother and a foetus have died, with terrible outcomes for two families.”
Papazoglu, who is facing charges of dangerous driving causing death, negligent driving occasioning death and causing the loss of a foetus, has not yet entered any pleas.
As he was refused bail, the teenager said: “I just really want to see my family.”
More tributes were left at the scene of the tragedy on Sunday, including a heartbreaking note penned by a witness to the crash.
“Words can’t describe how sorry I am that this has happened to you,” the writer, who signed off as Laura, said on the card.
“We don’t know each other. It was a great privilege to be present with you for those moments. I pray for you and your little one, that you are held with love as you leave this world.”
She offered prayers for her family and friends and stated she would carry the “love, care and compassion” the woman had imprinted onto her.
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Originally published as ‘Not uncommon’: Lawyer’s defence of alleged fatal crash driver
