Seamus Rafter, accused of killing Hubertus ‘Bert’ Mallens in Penrith crash, has bail varied

A man accused of killing an elderly mobility scooter rider in an alleged western Sydney hit-and-run has had his bail conditions relaxed for the Christmas holiday period.

Seamus Rafter leaves Penrith Local Court on Friday. Picture: NewsLocal

A man accused of killing an elderly mobility scooter rider in an alleged western Sydney hit-and-run has had his bail conditions relaxed over the Christmas holiday period.

Winmalee man Seamus Rafter, 48, is accused of running a red light at the intersection of Mulgoa Rd and Ransley St, near the Penrith Panthers Leagues Club, where he allegedly struck and killed 87-year-old Hubertus “Bert” Mallens on September 27.

Penrith Local Court previously heard Rafter then allegedly fled the scene and checked the front of his Mitsubishi Triton for damage at the nearby Westfield shopping centre, where he was arrested an hour after the incident.

He is yet to enter pleas to charges of dangerous driving occasioning death, failing to stop and assist after vehicle impact causing death, negligent driving occasioning death, and not stopping at a stop line at a red light.

Rafter was granted bail a week after the incident, and faced court in person, accompanied by a supporter, for the first time on Friday.

Winmalee man Seamus Rafter.

The court heard a brief of evidence had not yet been served, with the prosecutor asking for a two-week adjournment.

Defence lawyer Annabel Wurth then applied to vary her client’s bail conditions so Rafter would not have to report to police at stages of the Christmas holiday period.

A public tribute for 87-year-old Hubertus Mallens, who died at a Penrith intersection on September 27. The tribute was later removed. Picture: Elizabeth Neil

Magistrate George Breton granted the variation, meaning Rafter does not have to report to police between Christmas Day and January 6, or between January 17 and 24.

Rafter is next expected to face court on December 13.