John Pagakis faces court on charges of killing Aditya Sharma at Baulkham Hills
The parents of a boy who died during a horrific hit-and-run crash in northwestern Sydney have attended a court hearing for John Pagakis, the man who killed their son.
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A driver accused of killing a 12-year-old boy and critically injuring his mother allegedly drove 210km/h moments before the fatal collision at Baulkham Hills, a court has heard.
Pagakis, 35, was charged with 10 offences after the hit and run when he crashed into six stationary cars waiting at a red traffic light on Windsor Rd on March 2, 2019.
Pagakis’ Commodore became airborne and struck the Sharma family’s Holden Captiva when he exited the M2 about 7pm.
The labourer, who pleaded guilty, ran to Narraweena until he reached his mother’s home at 2.30am.
At Parramatta District Court on Friday, after viewing CCTV footage of Pagakis’ driving on the M2, NSW Police collision reconstruction expert Gavin Lennon told the court during cross examination that Pagakis was travelling 210km/h 20 seconds before the crash.
When defence barrister Greg Heathcote questioned parts of the analysis, Mr Lennon said: “In this case, I’m confident that the minimal speed is the 210km represented in the calculations.’’
When questioned if footage showed Pagakis was travelling at 160km an hour at one point, Mr Lennon refuted that.
The court heard how Pagakis was speeding because he missed the off ramp and was at times weaving across lanes on the M2.
Judge Chris Craigie told the court “It’s still a very dangerous speed. 160 (km) is 100 miles an hour in old language. That is fast.
“There’s a good deal of footage that shows a lot of traffic at that time. It was quite a sufficient body of traffic.’’
Mr Heathcote told Judge Craigie that Pagakis was remorseful, had a low risk of reoffending and needed to gain qualifications for a job that would not require him to drive to work.
However, Judge Craigie Pagakis’s worries, which paled in significance to those suffered by the Sharma family.
He underlined the family’s distress.
“These people will live with this for the rest of their lives, when they look at the empty space in their family,’’ he said.
Crown prosecutor Michael Clark reiterated Pagakis’ failure to stop to offer assistance because he claimed to have panicked and fled.
“That is no excuse,’’ he said.
“He must have known of the tremendous injuries and loss of life,’’ he said.
He rejected Pagakis’ desire to have a greater period of parole so he could train for a new location that did not require driving.
“This is a man who, while he does have a poor traffic record — a record of limited criminal history — was working and has apparently led a relatively productive existence,’’ he said.
“He does not have particular issues that mean he should be given a greater than usual period on parole to address.”
The court heard Pagakis was serving community correction orders at the time of the offence and had previous charges of supplying drugs and assault. He had traffic offences from 2008 when he was charged for speeding when he was a learner driver.
Outside, Aditya’s mother Pooja shed tears and told reporters her family, who lives in Girraween, never had problems driving on roads, including a long trip to the Gold Coast the December before her son died.
“It was the last trip, we didn’t know that,’’ she said.
She said her son, who had just started Year 7 at Blacktown Boys’ High School, loved karate.
“I don’t want any mother to cry like me,’’ she said.
Mrs Sharma suffered brain and spinal injuries after the incident.
“At the end of the day I’m strong but I’m a Mum,’’ she said.
The matter was adjourned for sentencing on Wednesday, April 8.