Buxton crash accused Tyrell Edwards to be released on bail

A judge has slammed the decision to remand in custody the teen charged over a horror crash that killed five children, granting the “obviously distressed” driver bail.

A teenage driver who killed five mates in a horrific car crash at Buxton last month has been granted bail on a $100,000 surety so he can address his deteriorating mental health, after a court heard he was placed on suicide watch while in custody.

Tyrell Edwards, 18, is facing five counts of dangerous driving occasioning death over the September 6 crash, which claimed the lives of teenagers Lily van de Putte, Antonio Desisto, Tyrese Bechard, Summer Williams and Gabby McLennan.

Edwards, the driver of the vehicle, was the sole survivor.

Police will allege he was driving his Nissan Navarra “at high speeds” along East Parade when the vehicle spun out of control and hit two large trees on the shoulder of the narrow, straight roadway, killing the five teens.

Edwards was charged by police the following day and remanded in custody after a failed bid for bail in Picton Local Court.

Tyrell Edwards has been granted bail.

Gabriella McLennan was one of five teenagers killed in the horror crash at Buxton.

However, Justice Robert Beech-Jones told the NSW Supreme Court on Tuesday Edwards should never have been held in custody without bail.

“Despite the great suffering that was occasioned on September 6 … this was not a finely balanced bail application - to the contrary,” he said.

Five teens were killed in the crash at Buxton. Picture: TNV

“On any proper understanding of the objects and operation of the bail act, this application had to be granted.

“Bail cannot be refused as a means to impose interim punishment. Bail applications are not forums to judge guilty or innocence.”

The court heard a psychological report prepared for the bail application said Edwards was “obviously distressed” in custody and had been assessed as suffering from moderate post traumatic stress and was considered a suicide risk.

“The psychologist described the applicant as being affected by a combination of prominent distress, complex grief, anxiety, survivor guilt and shame, self condemnation and realisation of the stigma he will likely face both in the prison environment and the community,” Justice Beech-Jones said.

“He’s been put on suicide watch [and] understandably, he’s fearful for his safety.”

Justice Beech-Jones said if Edwards was refused bail, he would remain in custody for up to 15 months before his trial.

“That’s a long period in pre-trial custody for an 18-year-old with no criminal history ,who is charged with a non intentional crime, and more so for an applicant who is obviously vulnerable due to the deterioration of his mental health and will likely benefit from psychological intervention outside custody,” he said.

As part of Edwards bail conditions, he is banned from getting behind the wheel of a car, must not leave his home unless in the company of his mother and cannot drink alcohol or take non-prescribed drugs.

His family has also agreed to forfeit $100,000 if he fails to show up to court.