Prosecutors appeal ‘extreme’ decision in case against trucking boss
Prosecutors have appealed the “extreme” decision to permanently hold charges against a trucking boss after the Eastern Freeway tragedy which killed four police officers.
National
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Prosecutors have appealed a decision to permanently stay the case against a trucking boss who was charged after a meth-affected driver killed four police officers.
Simiona Tuteru faced Victoria’s Court of Appeal on Wednesday after prosecutors appealed a rare decision by a Supreme Court Justice to place the case on hold.
He was initially charged with manslaughter and heavy vehicle law breaches in August 2020 after driver Mohinder Singh killed Senior Constables Lynette Taylor and Kevin King, and Constables Glen Humphris and Josh Prestney earlier the same year.
In October last year, prosecutors dropped four charges of manslaughter against Mr Tuteru, indicating they were going to proceed on the alternative charges.
It was alleged in the permanently stayed case, Mr Tuteru had an awareness Singh was fatigued or unfit to drive at the time and failed to comply with his duty under the Heavy Vehicle National Law.
Following an application by Mr Tuteru’s barrister, David Hallowes SC, Justice Lex Lasry granted a permanent stay on the remaining charges.
He found prosecutors had misused the court process to “oppress” the accused man.
“Continuing four charges of manslaughter against the accused for more than a year in circumstances where it must have been known there was no viable case to be made against the accused is, I consider, a glaring and oppressive misuse of the Court process,” he said.
Justice Lasry further took aim at Victoria’s Director of Public Prosecutions, saying the decision to not say why the manslaughter charges were dropped showed a “lack of respect” for the court.
In the Court of Appeal, prosecutor Ben Ihle KC said Justice Lasry’s decision was flawed and based on an problematic attempt to “peek behind the curtain” of prosecutorial discretion.
“There has never been a finding that the cases were not viable,” he said.
“Charges are discontinued for a range of reasons, it’s often not explained to an accused person or the court.”
The court heard stays are an “extreme remedy”, only to be granted in “rare circumstances”.
Mr Ihle told the court changes to a case were a normal part of the prosecution process, and represented the “constant consideration and review” put into every case.
Counsel for Mr Tuteru, Mr Hallowes, argued Justice Lasry was entitled to make the findings he did, and having manslaughter charges hanging over his client’s head was rightfully characterised as oppressive.
But he agreed there was no “malice” in how prosecutors had treated his client.
“This has had a long and tortuous history,” he said.
“We say the impropriety is the laying of the manslaughter indictment and maintaining that charge for over a year.”
Mr Hallowes said, in his view, the reason the permanent stay was granted was constant changes to the prosecution case over time with no change to the evidence.
“What is at the heart of this case … is what Mr Tuteru knew about Mr Singh’s unfitness to drive,” he said.
“They have conducted themselves in a way, we say, it was open for His Honour to find improper conduct.”
Justices Jonathan Beach, Kristen Walker and Lesley Taylor reserved their decision on whether to set aside the permanent stay to a later date.
Mohinder Singh was jailed for 22 years in April 2021 over the horrific Eastern Freeway crash which was reduced to 18 years and six months in the Court of Appeal the following year.
Leading Senior Constable Lynette Taylor and First Constable Glen Humphris had pulled over Richard Pusey for driving his Porsche at 149 kilometres per hour.
Two other officers, Senior Constable Kevin King and Constable Josh Prestney, arrived a short time later and were standing in an emergency lane when Singh’s truck collided with all four officers.
The crash was the single greatest loss of life in Victoria Police‘s history.
Originally published as Prosecutors appeal ‘extreme’ decision in case against trucking boss
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