Seaford’s Mani Hans Schwieger cleared of careless, drink driving after EastLink smash
Five witnesses say they found a damaged car on Eastlink. The driver was then hit by a truck. A hospital blood sample found the P-plater had alcohol in his system. Here’s how his charges were dismissed, leaving taxpayers with an $8000 bill.
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A P-plater accused of drink and careless driving who smashed his car on EastLink has avoided a fine or time off the road after a magistrate dismissed police charges due to lack of evidence.
Taxpayers will pick up the bill for Seaford tattoo artist Mani Hans Schwieger’s court costs after he was cleared at the Ringwood Magistrates’ Court on February 18 of drink driving and careless driving after the EastLink crash near the Burwood Highway exit in Wantirna in 2018.
Prosecutor Leading Senior Constable Nick Papadopoulos called five witnesses who all told the court they arrived at the scene between about 9 and 9.30pm on November 9, 2018 to find a severely damaged car parked on the side of the road.
A truck driver told the court he was first on the scene and could see smoke rising from the wrecked car.
He said he slowed down to 35km/h as he approached, but Mr Schwieger suddenly ran from the wreckage and threw himself in front of his truck, causing him to hit the bonnet and fall to the ground.
Police and ambulance services were called to attend to the injured man and investigate the crash, the truck driver told the court.
The court heard Mr Schwieger, who was a P-plater at the time of the crash, was later charged with careless driving and drink driving after a blood sample taken while he was in hospital revealed alcohol in his system.
But Mr Schwieger’s defence barrister Sean Hardy told the court his client pleaded not guilty to the charges.
He said there was no way to prove Mr Schwieger was driving carelessly in the lead up to the crash because no one saw the accident happen.
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He also told the court that because no one had seen the crash, and because his client had no memory as a result of being hit by the truck, there was no way to say if the blood alcohol reading was taken within the required three hour time window after the accident for police to prove a drink driving charge.
Magistrate Doug Bolster agreed with the defence submissions and he dismissed the charges on both technicalities and ordered Victoria Police to pay Mr Schwieger’s $8400 court costs.
“To me there’s no evidence of his driving being careless,” Mr Bolster said.
“(And) I don’t think I can be satisfied beyond reasonable doubt the blood sample was taken within three hours of when the accused was driving.”