Eastern Freeway truck driver Mohinder Singh‘s former boss to stand trial

Mohinder Singh’s former boss will stand trial on four counts of manslaughter over Eastern Freeway tragedy that killed four police officers.

The boss of killer truck driver Mohinder Singh will stand trial in the Supreme Court on manslaughter charges over the Eastern Freeway crash that killed four police officers.

Simiona Tuteru, 50, had argued the charges of manslaughter and others of breaching his duty under the heavy vehicle regulations should be struck out.

But magistrate Luisa Bazzani ruled on Thursday there was sufficient evidence for a jury to determine Mr Tuteru was criminally negligent as he “knew fatigue was an issue”.

She said evidence of Mr Tuteru telling Singh to drive and “let’s see how you go” in the hours before the crash on April 22 last year was “highly suggestive of Mr Tuteru’s own concern of Mr Singh’s ability to drive”.

She said Mr Tuteru, the Victorian manager of Connect Logistics, had also received text messages from the company’s night shift supervisor, Stephen Harrison, concerned about Singh’s driving from his shift the evening before.

The court heard a text at 1.38pm from Mr Harrison said: “I am concerned about his mental state. He was putting trucks on wrong docks and he had a sleep on the way back from Thomastown and slept in.

“I don’t think he should be driving. I told him to go to the doctors straight away.”

But when Mr Tuteru spoke with Singh at the Lyndhurst depot about 3.30pm, he asked Singh to do one delivery to Thomastown despite the truckie saying he was “too tired” and had been cursed by a witch.

A shackled Mohinder Singh, pictured in March. Picture: NCA NewsWire/David Crosling

Two hours later, at 5.36pm, he fell asleep behind the wheel and veered into the emergency lane, killing Victoria Police officers Lynette Taylor, Glen Humphris, Josh Prestney and Kevin King, who had intercepted speeding Porsche driver, Richard Pusey.

Ms Bazzani said the prosecution case is that Mr Tuteru owed the victims a duty of care.

“Mr Singh was permitted to drive a 19-tonne vehicle in peak-hour traffic,” Ms Bazzani said.

“The victims involved had no hope. It was a tragic and pointless loss of lives.”

While handing down her decision at Melbourne Magistrates’ Court, Ms Bazzani said she was required by law to sort the “the wheat from the chaff”.

Asked how he pleaded to the charges, Mr Tuteru replied: “Not guilty, your honour.”

Ms Bazzani ordered he stand trial, extending his bail until he fronts the Supreme Court for a directions hearing on July 28.

Constable Josh Prestney’s parents Andrew and Belinda welcomed the magistrate’s ruling, saying it should send a strong message to the trucking industry.

Outside the court, Mr Prestney said: “There will be some individuals that are nervously awaiting the outcome and clearly, the whole industry is now on notice that these sort of things shouldn’t of happened.”

Mrs Prestney said she was “very relieved” Mr Tuteru did not get his wish to have the charges struck out.

Andrew and Belinda Prestney, parents of Josh Prestney, welcomed the magistrate’s ruling, saying it should send a strong message to the trucking industry. Picture: NCA NewsWire / Andrew Henshaw

“Joshua would be turning 30 next week,” she said, fighting back tears.

She said Connect Logistics must be held accountable for its alleged “total disregard … shown to the members of our public and other road users”.

The Prestneys said it was painful to see the case drag on, but “we expected it”.

“All of us are in for the long haul and we will see this through for all of our loved ones,” Mr Prestney said.

It comes after Singh was hauled into court to testify against his former boss on Wednesday.

In Singh’s first public appearance since he was jailed for 22 years in April, the Cranbourne father of two was grilled about his drug-taking leading up to the collision.

Frustration built in the courtroom with Singh, who had pleaded guilty to four counts of culpable driving, answering “I can’t remember” to most questions.

But he clearly recalled meeting with Mr Tuteru in the hours before the crash where he said he told him he was not fit to drive.

Asked what he said to Mr Tuteru, Singh replied: “I am too tired to drive and I haven’t slept in a while”.

In a statement released by the court, Singh elaborated on the meeting and how he had told Mr Tuteru he had been cursed by a witch.

Eastern Freeway truck driver Mohinder Singh. Picture: 7 News

Singh, 47, detailed how the pair prayed together before Mr Tuteru asked him to do the ill-fated run to Thomastown that would see him driving along the Eastern Freeway at the moment the four police officers were on the roadside.

“He was praying. He put his hand on top of my head and prayed in Jesus’ name to take the curse away of the witch,” Singh told the court.

“He told me that you can just do one load and then you can go home.”

He denied a suggestion by Mr Tuteru’s barrister, David Hallowes, that he was “just changing the evidence as you go along to shift the blame”.

Singh said he was worried he would get the sack if he didn’t do the run.

He did not get paid if he did not work his shift, and bills were racking up at home.

With two custody officers on either side of him, Singh, wearing prison-issued grey tracksuit pants and jumper, had earlier, on entering the witness box, picked up the bible to make an oath he would tell the truth.

Family members of the fallen police officers were in the courtroom to hear Singh’s evidence.

His statement, taken from prison in May ahead of giving evidence, barely touched on the crash, with Singh writing: “The collision then occurred and I don’t want to talk about it in detail as it’s horrible and I wish it never happened.”

But he said Mr Tuteru was the first person he called following the crash.

Simiona Tuteru, Connect Logistics manager charged with manslaughter over the Eastern Freeway tragedy. Picture: NCA NewsWire / David Crosling

“After the collision, I was out of my truck standing in the emergency lane of the freeway against the metal barrier,” the statement says.

“I make a phone call to Simiona from my mobile phone and told him that I had killed some police officers.

“He replied with something like ‘Don’t say nothing to no-one’. He didn’t ask anything about the incident. I just remember saying to him that I fell asleep.”

In court, when asked if he attempted to brake, Singh said: “I did slam the brakes at the last minute. Once I hit the car … I did hit the brakes.”

He could not remember telling police at the scene that the truck had “wobbled”.

“I fell asleep, I was asleep,” he said.

Police allege Mr Tuteru was aware of Singh’s deteriorating mental state in the lead-up to the deadly smash, but continued to allow him to drive.

The court heard, on the day of the crash, the Cranbourne father of two went to the Lyndhurst truck depot to have a meeting with Mr Tuteru after some of his colleague’s had raised concerns about his ability to drive.

But police allege after Singh met with Mr Tuteru about 3.30pm and raised concerns he wasn’t fit to drive, they prayed together for about 44 minutes, before Mr Tuteru insisted he do a single load delivery to Thomastown.

Mr Tuteru was charged with 82 offences, including four counts of manslaughter, driving a heavy vehicle for more than the maximum prescribed time, and dishonestly obtaining financial advantage after he allegedly filed time sheets in fake names to hide the fact he worked in excess of permitted hours.

But prosecutor Robyn Harper told the court on Wednesday that six charges relating to the time sheet deception had been withdrawn.

Singh was the last witness to be called as part of Mr Tuteru’s committal hearing.

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