Rapper Tommy Balla avoids jail over NSW police officer Aaron Vidal’s death

A Sydney man has avoided jail after a court heard the NSW police constable he killed was likely lane filtering on a motorbike.

A Sydney man who ran a red light and killed a police officer has avoided jail after a court heard the officer was likely lane filtering on a motorbike just before the collision.

Instead Tommy Balla, 38, was sentenced to a two-year intensive correction order in Parramatta District Court on Monday after pleading guilty to causing the death of NSW Police Constable Aaron Vidal, 28, in Rouse Hill in June last year.

Tommy Balla outside Parramatta District Court on Monday. Picture: NCA NewsWire/Dylan Coker

Agreed facts state Balla, an amateur rapper from The Ponds whose stage name is Tom-E-Gun, was on a phone call using his car’s Bluetooth wireless system when he turned right two seconds after a turning arrow had flashed red and smashed into Constable Vidal’s oncoming bike at a busy intersection.

Constable Vidal, of Bligh Park, died at the scene and tragically left behind his fiancee Jessica, who gave birth to their baby boy in January, 2021.

Constable Aaron Vidal and his fiancee Jessica, who gave birth to their baby boy following the fatal crash.

Balla. Picture: Toby Zerna

Judge Stephen Hanley, SC, said Constable Vidal was likely lane filtering just before the crash but was entitled to believe there would be no car illegally turning in front of him because he had a green light.

“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,” he 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.“

Lane filtering is when a motorcyclist moves alongside cars that have either stopped or are moving slowly.

Constable Vidal’s son Etzio was born in January, 2021.

In NSW a motorcyclist can only lane filter when they are travelling no more than 30 kilometres per hour.

The court was told Balla felt especially guilty for what he had done when he spent time with his young family and he would think of Constable Vidal.

Balla also had “excellent prospects” for rehabilitation because he had no problems with drugs or alcohol and a supportive family, the court heard.

Judge Hanley said no punishment would be sufficient for the loss of the Vidal family, which includes his father David who is a chief inspector with NSW Police.

“His loss of life was senseless and unnecessary, its impact will be continued to be felt by each family member and the child who did not get to know him,” the judge said.

“The tragedy of what occurred in a matter of seconds demonstrates the fragile hold we have on life.”

Judge Hanley convicted Balla of dangerous driving occasioning death, confiscated his licence for four years and ordered him to do 400 hours of community service work.

He granted the father bail and ordered he undergo a home detention assessment report.

Judge Hanley warned that if Balla was not found suitable for home detention he would have to serve out his two-year sentence in jail.

“If he‘s not suitable for a home detention order he will have to serve a term of imprisonment of two years, on the next occasion I’ll set a non-parole period,” Judge Hanley said.

The matter was adjourned until August.