Accused hit-and-run driver Terence Fleming pleads not guilty over the death of beloved grandfather
A Lang Lang man was scolded in court for his behaviour as he was committed to stand trial for the alleged hit-run of a beloved grandfather.
South East
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A Lang Lang man who allegedly struck a recently retired grandfather-of-five, flinging him from his scooter into a ditch, has pleaded not guilty in a Melbourne court.
Terence Fleming, 51, appeared in Melbourne Magistrates’ Court on Tuesday, December 20 as witnesses gave evidence on the Pakenham South collision that resulted in the tragic death of the 60-year-old Donald Brown.
Police have previously alleged Mr Brown was struck as he rode his Lambretta scooter in Pakenham South about 7pm on February 9, 2021.
The collision caused the Pakenham man to be flung from his scooter into a drainage ditch.
Mr Fleming allegedly fled the scene.
Police found Mr Brown lying unresponsive in the ditch near the intersection of Healesville – Koo Wee Rup and Ballarat roads.
Mr Brown was rushed to hospital in critical condition, and sadly died later that night.
The father-of-two and grandfather-of-five, had only just retired from a career in bricklaying.
Evidence was given from five witnesses, including two people who saw Mr Brown hurled from his scooter.
The court heard from an off-duty paramedic, who saw contact between Mr Brown’s scooter and one of the two vehicles overtaking him, just before he was flung from the road.
Questioned over whether she “actually saw” a vehicle bump Mr Brown, or whether she was making a logical conclusion, the witness said: “I believe I did see contact.”
Mr Fleming appeared via video link from his lawyer’s offices and was seen making faces during witness testimony.
Magistrate Michelle Hodgson scolded the accused, asking his lawyer Barnaby Johnston to remind his client of where he was.
“Remind your client he is actually in a courtroom, and he is perhaps making some expressions,” Ms Hodgson said.
“The courtesies of a courtroom do apply, and I don’t want to take this to open court, but if there is a casualness slipping into the proceedings, keeping in mind there has been a fatality, it would be appropriate.”
The court heard Mr Brown’s family members were on the link at the time of Mr Fleming making the facial expressions.
Mr Fleming pleaded not guilty to all three alleged charges – driving dangerously, failing to stop after an accident and failing to render assistance.
He was committed to stand trial in the County Court on February 3, 2023.
gemma.scerri@news.com.au
