DPP will not lodge appeal over Richard Pusey sentence

The state’s top prosecutor has revealed it won’t appeal the “slap on the wrist” sentence handed to Richard Pusey despite public outcry.

Richard Pusey was given a 10-month jail term for filming four dying police officers during the aftermath of the Eastern Fwy crash. Picture: Ian Currie

The state’s top prosecutor will not appeal Richard Pusey’s sentence over the filming of four dead police officers in the aftermath of the deadly Eastern Freeway crash.

As the 28-day deadline to launch an appeal ended on Wednesday, the Herald Sun can reveal the Director of Public Prosecutions Kerri Judd QC will not argue the sentence was manifestly inadequate.

A statement from Ms Judd’s office outlined Pusey’s 10-month sentence had been “carefully reviewed and considered”.

“Taking all relevant matters into consideration, the Director has determined that there are no reasonable prospects of successfully appealing this sentence and therefore will not appeal,” an OPP spokeswoman said.

The move comes after public outcry and calls for an appeal following what many called Pusey’s “slap on the wrist” and “pathetic” sentence in the County Court last month.

Pusey, 42, had been stopped by police for speeding in his Porsche along the Eastern Fwy in Kew when drug-addled truck driver Mohinder Singh veered into the emergency lane and ploughed his semi-trailer into them on April 22 last year.

Leading Senior Constable Lynette Taylor, Senior Constable Kevin King, Constable Josh Prestney and Constable Glen Humphris were all killed in the collision.

Instead of helping the officers, Pusey grabbed his phone and filmed the horrific scene, zooming in on Leading Senior Constable Taylor as she pleaded for help while taking her last breaths.

He also made disgusting commentary on the video as he walked around the scene, focusing on the injuries of the other officers and saying “That’s f**king justice”; “Oh, he’s smashed. Look at that”; “All I wanted to do was go home and have my sushi”; and “There you go. Amazing”.

Constable Humphris’ partner Todd Robinson was among those who called for prosecutors to appeal last month.

“I feel a bit let down by the justice system — it would have been a perfect time to send a message,” Mr Robinson said.

Belinda and Andrew Prestney, parents of Josh, on Wednesday told the Herald Sun while they would have liked Pusey jailed for longer, they supported the OPP’s decision.

“We’ve supported the decisions of the OPP and will continue to do so,” they said.

“We are not surprised that they are not appealing — they explained why and we understand their reasons.

“We understand that the OPP needed to show that the sentence was ‘manifestly inadequate’ and without a precedent, that was always going to be difficult.”

Pusey was never charged with being responsible for the deaths of the officers.

The millionaire mortgage broker instead pleaded guilty to a rare charge of outraging public decency, marking the first conviction in Victoria of the offence since 1963.

This charge, which related to Pusey’s filming of the scene, did not have any maximum penalty guidelines, with it being open to the judge to determine.

The Prestneys said: “Of course we would have preferred Pusey to have been given a longer sentence for failing to treat Josh with respect and dignity in his final moments.

“We felt the judge missed an opportunity to set a proper precedent for this type of behaviour and that was the most disappointing aspect of the sentence.”

Pusey also pleaded guilty to reckless conduct endangering serious injury, possession of drugs of dependence and exceeding the speed limit.

Judge Trevor Wraight jailed him for a total of 10 months — eight months for reckless conduct endangering serious injury, and three months, with just two months to serve, for outraging public decency.