Magistrate says alleged killer driver’s bail is Victorian government’s fault
A MAGISTRATE has blamed the state government after he was required to release on bail an accused drug driver who allegedly killed a Glen Waverley man when his car slammed into the victim’s at over 200kmh.
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A MAGISTRATE has blamed the state government after he was required to release on bail an accused drug driver who allegedly killed a man when his car slammed into the victim’s at over 200kmh.
Tomas Targownik, allegedly driving his Mazda sedan while high on ice last November, killed Glen Waverley father Sam Uthayanan.
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Mr Uthayanan’s Mercedes exploded upon impact, instantly killing the 49-year-old accountant.
Still suffering from injuries sustained in the crash, Mr Targownik hobbled from court on Thursday.
Magistrate Ross Maxted said the decision was made as new bail laws were yet to come into effect.
“As parliament has not gazetted this to apply prior to July 1 … I’m obliged to apply the law as it is,” he said.
“I’m very conscious of the anxiety in the community surrounding persons accused of serious offending and the Bail Act within the state of Victoria.”
Last year’s Bourke Street tragedy prompted state parliament to introduce laws in June to make it more difficult for accused killer drivers to be granted bail, however they have not yet been enacted.
Current legislation leaves the burden of proof on the prosecution and Mr Maxted said prosecutors had not proven Mr Targownik was an unacceptable risk to the community as he did not have any prior convictions other than minor speeding infractions.
Shadow attorney-general John Pesutto said the government’s delay in enacting the laws were “inexcusable” and that more than a year after the Bourke Street tragedy, bail laws were unchanged.
“This extraordinary criticism from the court highlights that there are alleged offenders charged with serious crimes who remain free in our community all because of Daniel Andrews’ failure to fix Victoria’s broken bail system,” Mr Pesutto said.
“For Victorians rightly asking just what it will take to change our bail laws, the answer is the next state election.”
The court heard how police at the time described the crash as one of the most horrific they had attended.
Mr Targownik, who suffers from a range of health disorders, claims he cannot remember the crash but apologised outside court.
“I just want to say the whole incident is a horrific tragedy and I’m very sorry to everyone involved,” he told 7 News.
More than a dozen conditions, including weekly drug testing, compliance with a drug rehabilitation program and a ban on driving, were imposed on condition of his bail.
Mr Targownik will reappear in court next month.