Seamus Rafter granted bail after allegedly killing Hubertus ‘Bert’ Mallens in Penrith hit-and-run

A driver accused of hitting and killing an elderly man on a mobility scooter in western Sydney has been granted bail, despite a magistrate describing his alleged actions as “callous”.

Winmalee man Seamus Rafter.

A driver accused of killing an elderly man in a western Sydney hit-and-run allegedly fled the scene in a “callous” act before checking his car for damage at a nearby shopping centre.

Winmalee man Seamus Rafter, 48, was granted bail on Friday, a week after he allegedly ran a red light at a major Penrith intersection and hit 87-year-old Hubertus “Bert” Mallens, who died at the scene.

Rafter is alleged to have fled the scene before being arrested an hour later at Westfield Penrith.

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.

Police allege he was driving a Mitsubishi Triton ute that struck Mr Mallens’ mobility scooter at the intersection of Mulgoa Rd and Ransley St, near the Penrith Panthers Leagues Club.

Winmalee man Seamus Rafter.

After a week behind bars on remand, Rafter faced Penrith Local Court to apply for bail on Friday.

He appeared from the Metropolitan Remand and Reception Centre at Silverwater, with more than a dozen supporters in the courtroom.

A public tribute for 87-year-old Hubertus “Bert” Mallens, the alleged hit-and-run victim. Picture: Elizabeth Neil

Police did not oppose Rafter’s application for conditional release.

Several documents were shared in court, including letters of support from Rafter’s family and a patient health summary.

Magistrate George Breton described the allegation Rafter had driven off after hitting Mr Mallens as a “callous” act.

He also said it was alleged Rafter knew he had hit Mr Mallens, having checked the front of his car after arriving at Westfield Penrith.

Rafter is due to return to court on November 29.