DPP appeals sentence for driver who killed off-duty cop Aaron Vidal

The DPP will appeal against Tommy Balla’s sentence after he was given home detention for running a red light and killing Constable Aaron Vidal.

The NSW Office of the Director of Public Prosecutions will appeal against a sentence given to a man who avoided jail time after he ran a red light and killed an off-duty cop.

Tommy Balla, 38, was on a phone call using his car’s Bluetooth wireless system when he turned right two seconds after an arrow had flashed red and smashed into Constable Aaron Vidal’s oncoming motorbike at a busy Rouse Hill intersection in June 2020.

NSW District Court judge Stephen Hanley last August sentenced Balla to a two-year intensive corrections order, to be served as home detention, after he pleaded guilty to dangerous driving occasioning death.

Tommy Balla leaves Riverstone Police Station after being release on bail. Picture: Toby Zerna

A NSW ODPP spokeswoman confirmed to The Daily Telegraph that the agency was appealing against Balla’s sentence and that a hearing would be held in the Court of Criminal Appeal next Wednesday.

“This matter is listed for hearing at the (Court of Criminal Appeal) on December 8,” she said.

“The Crown is appealing the sentence.”

Balla’s charge had carried a maximum of 10 years in jail as a potential punishment, but Judge Hanley found the father of two was unlikely to reoffend and was remorseful for what he had done.

A court was told Balla felt especially guilty when he spent time with his young family and he would think of Constable Vidal.

The court had also heard Constable Vidal, 28, was likely lane filtering just before the crash.

Constable Aaron Vidal with his father Chief Inspector David Vidal.

“I accept, based on the witnesses’ evidence and my observations of the dashcam, the victim was most likely lane filtering at a speed (and) in a manner that was in breach of the road rules,” Judge Hanley said.

“Despite his manner of driving, (he was) entitled to have a reasonable expectation that he could drive his motorcycle into the intersection as a green light was displayed.

“He was entitled to believe there was no vehicle illegally traversing across the northbound lanes executing a right turn.“

Constable Vidal, whose father is a chief inspector with NSW Police, never had the chance to meet his baby boy, Etzio, who was born in January 2021.

“My life without Aaron is excruciating,” Constable Vidal’s partner, Jessica Loh, previously told a court.

“I miss our intimacy and struggle with the concept of not having a husband to go home to.

“If not for the actions of the defendant, Aaron would be with me. We would be sitting at home with our baby Etzio together.“