Jaskaran Singh: Expert witness in fatal crash trial says he wasn’t given key facts

An expert witness says he didn’t receive all the evidence ahead of his testimony in the trial of Jaskaran Singh, who stands accused of dangerous driving which caused the death of Kiama teenager Libby Ruge.

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An expert witness says he didn’t have all the available evidence prior to offering an excuse for why the driver fled the scene of the crash which killed beloved Kiama teen Libby Ruge.

On the first day of the trial in Wollongong District Court on Monday, Jaskaran Singh pleaded not guilty to three counts of dangerous driving occasioning death and grievous bodily harm, and not rendering assistance as a driver.

On Wednesday defence witness Dr David Rosen – a neurologist with more than 25 years of experience – gave his analysis of the information he was given regarding the state of Singh in the immediate aftermath of the incident outside the Collegians club at around 10.30pm on Saturday, November 7, 2020.

From the evidence he was given, Dr Rosen believed Singh was suffering from a concussion after the collision which resulted in his disoriented and vague behaviour and inability to “record memory” – a possible explanation for him running away from the scene before returning shortly after and speaking with police.

However, during cross examination on Thursday, it was revealed Dr Rosen hadn’t been given numerous pieces of evidence including the CCTV vision of the incident, the footage of Singh speaking with police 15 minutes later or the phone records which show multiple calls between the accused and his passenger and co-accused Arpan Sharma.

Sharma has pleaded guilty to dangerous driving occasioning death and two counts of dangerous driving occasioning grievous bodily harm.

Crown prosecutor Nerissa Keay asked if that evidence would have been helpful when making an assessment to which Dr Rosen replied “Yes, it would have … all additional information would be viewed as clinically relevant”.

Ms Keay asked Dr Rosen about the letter of instruction he was given which included background information that Singh was “dazed and confused” before walking 10 metres away, laying on the ground and “curling up into the fetal position”.

Police body-worn camera image of Jaskaran Singh shortly after the crash. Picture: Supplied

Dr Rosen said he “assumed it to be true”, however, Ms Keay revealed he had been given inaccurate information and in fact Singh had gone more than 10 metres from the scene and he hadn’t gone into the fetal position.

In her closing statements, Ms Keay reaffirmed the Crown’s position that there was “no doubt” Singh was driving “with his hands on the steering wheel and foot on the pedal brake”.

“[The occasion of the crash] was the third occasion the hand brake was pulled [by Sharma] on the short journey,” Ms Keay said of the “skylarking” behaviour.

“If Jaskaran Singh wanted no part in this he could have stopped driving and disengaged.”

“He panicked and fled the scene,” Ms Keay asserted.

“He panicked about what the consequences were and quickly left the scene. He could have stayed, he could have called emergency services. It wouldn’t have changed anything, but it was his obligation to remain at the scene and call Triple 0.”

Libby Ruge was enjoying a night with her boyfriend, Luke Day, and two other friends when the tragic incident occurred. Picture: Supplied

Defence barrister Ben Hart began his final submissions by reiterating that it was a “tragic case”, but warned jurors it “cannot and must not detract you from your obligations as a jury”.

“Mr Singh was caught up in a situation not of his making,” Mr Hart said.

“He went to a party with Arpan Sharma. He didn’t drink, he didn’t take drugs and he was asked to take people home because he was the sober one.”

Mr Hart stated the fundamental question was “who is driving the car” and argued it was Sharma because he “took control of the vehicle” when he pulled up the handbrake.

The Toyota Camry wrapped around a pole outside the Collegians club in Wollongong. Picture: Supplied

“Sharma tried to blame Mr Singh at the scene, he said (to police) he was an inexperienced driver,” Mr Hart explained to the jury.

“Was Mr Singh the driver when the car was being driven dangerously? The vehicle was out of control (at the time of the crash) and it was Arpan Sharma who caused the vehicle to be out of control.

“There was no agreement (between Sharma and Singh) to pull up the handbrake. It would be dishonest to conclude he should have pulled up before that and because he didn’t he’s responsible for pulling up the handbrake on Flinders St (where the crash occurred).

“Sharma is responsible for his actions, Singh is only responsible if he agreed to them – he didn’t agree to them.”

Judge Julia Baly will conclude her instructions to the jury on Friday morning before they retire to consider their verdict.