Troy Xerri: New evidence in Jo’Anne Duke Blaxland Road crash case

Fresh evidence has been put forward in the case of Troy Xerri who is accused of multiple driving offences in the lead up to a fatal crash.

Troy Anthony Xerri. Pic Liam Driver

The defence team of an NRL star’s brother who is accused of speeding before crashing head-on and killing a mother has said they hope to avoid a trial.

Troy Xerri, 29, is facing eight dangerous driving charges over the three-car collision that claimed the life of 63-year-old Jo’Anne Duke.

Xerri, who is the stepbrother of Cronulla Sharks player Bronson, was driving south along Blaxland Road in Eastwood after 5pm on November 13 last year when his Toyota HiLux allegedly collided head-on with Mrs Duke’s grey Mazda 2.

Troy Xerri, 29, is facing eight dangerous driving charges over the three-car collision that claimed the life of 63-year-old Jo’Anne Duke. Picture: Liam Driver

Two other drivers Edwina Roberts and Michael Nader in separate cars were also injured as a result of the crash.

Xerri, from Merrylands, was arrested on the night of the crash and charged with dangerous driving occasioning death, dangerous driving occasioning harm, negligent driving occasioning death and negligent driving occasioning harm.

He was also charged with failing to maintain control of his car before it allegedly crossed to the wrong side of the road and harmed another driver Edwina Roberts, according to police documents.

Xerri’s charges were later upgraded to include aggravated dangerous driving occasioning death and aggravated driving causing harm after police allege he was travelling “more than 45km/h” over the speed limit.

He was also charged with failing to give particulars to police.

Xerri’s matter was heard at Burwood Local Court on Wednesday where he was initially due to enter his pleas but was excused after new evidence was filed by the Crown.

The court heard that an expert statement was filed on December 3.

DPP prosecutor Danielle Mansour told the court on the last occasion some electronic material and a further statement was filed by defence in relation to their expert report prompting the Crown to seek further material from a reconstruction expert.

Troy Xerri (left) with his stepbrother Bronson. Picture: Instagram

Ms Mansour said the supplementary material has been completed and asked for a two-week adjournment.

Magistrate Alison Viney was displeased saying it had been a “tortuous history” saying the matter should be in the District Court by now.

Yet Xerri’s defence lawyer Mr Elias Khouzame asked for the matter to be adjourned to February 10 to which the magistrate said that was a “huge” amount of time.

He said they were waiting for a report to be prepared by a defence expert which will determine how Xerri will plead.

“He (the expert) is to give our client proper evidence on whether to plead to the aggravated charges of driving or commit on this charge,” he told the court.

Troy Xerri’s matter was heard at Burwood Local Court on Wednesday

When the magistrate asked for a plea to be entered Mr Khouzame said they could not make a formal offer because they only just received the DPP’s latest report and no further discussions had taken place.

Magistrate Viney said: “I accept the late service of material is all at the Crown’s feet.

“You can’t still be serving material on December 3 when the matter has been in the list since 14 November 2019.”

Mr Khouzame said: “We’re as anxious as anyone to get this matter moving.

“No one wants to go on trial on this matter if that can be avoided.”

The magistrate called for pleas to be entered on the next occasion with no further delays.

Xerri will front Burwood Local Court for committal in February.