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‘Extreme event’: Father of 12yo crash victim bailed for second time to attend funeral

An Illawarra man has been shown mercy after being allowed to attend the funeral of his late son despite alleged bail breach and fresh offending.

The 12-year-old boy was killed on night in October, 2022 after being a passenger in a car crash at the intersection of Memorial Dr and Towradgi Rd, Towradgi. Picture: Richard Dobson
The 12-year-old boy was killed on night in October, 2022 after being a passenger in a car crash at the intersection of Memorial Dr and Towradgi Rd, Towradgi. Picture: Richard Dobson

The father of a boy who was killed as a result of a horrific car crash in the Illawarra region in October breached his strict bail conditions that allowed him to attend the 12-year-old‘s funeral.

The Bellambi man was behind bars for a string of charges before the courts including two counts of contravening an apprehended violence order, common assault and behaving in an offensive manner in a public place.

Wollongong Local Court heard in October the man was required to be present during the planning of the funeral and the funeral itself for “cultural reasons”.

“Extremely strict” bail was granted on that occasion given ”the distressing situation for everyone involved”, with the man only permitted to leave the home in the presence of a selection of individuals to attend court, medical appointments or events relating to the funeral.

However, the same court heard on Friday the man “with a long criminal history” allegedly breached the bail on multiple occasions, and committed a further offence when police pulled him over while he was riding a bike without a helmet after a warrant was issued for his arrest.

Police prosecutor Sergeant Amelia Wall, who also dealt with the matter in October, opposed bail, saying there were “serious bail concerns” regarding the potential of the man failing to appear in court and ”endangering” the protected person – who will be present at the funeral.

“Bail was granted due to a sad incident where his son lost his life and he needed to be a part of ‘sorry business’ and the funeral arrangements,” Sgt Wall said.

Police at the scene of the crash which led to the death of the 12-year-old boy. Picture: Snapchat
Police at the scene of the crash which led to the death of the 12-year-old boy. Picture: Snapchat

“He not only breached [his bail conditions], but in that time he has committed a further offence on the [protected person]. He is a recidivist offender.”

The man‘s lawyer, Jonathan Kearney, said he had been in a “state of constant distress” while on the ”very strict bail”.

“His obligations caused him to be confused and muddled as to what was at the forefront of his mind,” Mr Kearney submitted.

“The funeral for his son is to occur next week, it‘s a very significant factor. It’s impossible to quantify in words the need to be a part of this sorry business.”

Magistrate Gabriel Fleming issued a second last-chance saloon, granting the man bail and warning a further breach would be dealt with “certainty”.

The man appeared in Wollongong Local Court via video link.
The man appeared in Wollongong Local Court via video link.

“The subjective circumstances are I realise you have a life-changing event that thankfully doesn‘t happen often in people’s lives,” the magistrate said.

“It is an extreme event and it‘s clearly a matter I need to take into account. I know the importance of attending socially, psychologically and culturally.

“If you breach bail again I will not be giving you bail to attend the funeral.”

Magistrate Fleming also ordered the AVO would be suspended for the duration of the funeral while adding the condition he is not to approach the pinop if he consumes drugs or alcohol.

The man will return to Wollongong Local Court in January.

Original URL: https://www.dailytelegraph.com.au/newslocal/illawarra-star/extreme-event-father-of-12yo-crash-victim-bailed-for-second-time-to-attend-funeral/news-story/ce3a293fc3f11a448af4666b1529047a