Santino Bankal to face County Court over fatal crash after losing bid to keep case in lower court
A DISQUALIFIED driver who “freaked out and ran away” after a fiery crash that killed a motorcyclist has lost his bid to face a lower court.
Law & Order
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A DISQUALIFIED driver who fled the scene of a fiery fatal crash after seeing the motorcyclist covered in flames has lost his bid to keep his case in a lower court.
Santino Bankal had argued to have his charges heard in the Melbourne Magistrates’ Court instead of the County Court where he would face higher penalties.
But Magistrate Donna Bakos agreed with the prosecution that the allegations were too serious and uplifted them to the higher court.
The court heard how Bankal, 29, told police he was “shocked and overwhelmed” following the smash, which killed Ashleigh Gason, 21, in Brighton East on July 7 last year.
“I freaked out and ran away. I didn’t know what to do,” Bankal said.
“I accept I should have remained. The motorcyclist was already on fire.”
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Bankal pleaded guilty to failing to stop and render assistance; as well as driving an unregistered vehicle while on a suspended learner’s permit.
The refugee had only months earlier lost his licence, and was placed on a Community Corrections Order, after being found drink-driving, the court heard.
Mr Gason died in the crash when his motorcycle burst into flames on impact with the rear of Bankal’s car on the Nepean Highway.
His grieving family were in court last week when Magistrate Bakos heard horrific details of the crash to determine which jurisdiction should hear Bankal’s case.
The prosecution had opposed the application saying it was a “serious example” of its kind.
She said he got out of his car and saw the victim on fire, but fled in a taxi.
“It was clear there had been catastrophic injuries to the deceased,” the prosecution said. “Departing in such circumstances is very inhumane.”
Outside court, Mr Gason’s uncle Leigh Birrell, described the family’s pain.
“It’s been pretty horrific,” Mr Birrell said.
Fleeing the scene of an accident carries a maximum 10 year jail sentence.
Bankal’s case will be listed in the County Court on June 27.