New police documents cast doubt over officer’s breath testing call in Andrews family cyclist crash

Damning police documents have cast doubt over the explanation for not breathalysing the Premier’s wife following a horror crash.

New police documents have cast doubt over former Chief Commissioner Graham Ashton’s explanation about his officers’ decision not to breathalyse Catherine Andrews following a horror crash.

A day after the Herald Sun revealed a secret Ambulance Victoria report contradicted Daniel Andrews’ claim his car was “T-boned” by teenage cyclist Ryan Meuleman, investigation notes reveal more inconsistencies relating to the police probe.

At the time of the 2017 independent Broad-based Anti-corruption Commission inquiry into the crash, former police chief Ashton told 3AW the two police officers who attended the smash had simply “mucked up”, believing “one thought the other had done it (the test)”.

Daniel Andrews’s wife Catherine was not breath tested because she did not appear to be “affected by alcohol”.

But police notes from a meeting between officers and the Meuleman family 10 days after the crash, obtained by the Herald Sun, state that a senior-constable chose not to conduct a breath test because it was their “opinion” that the driver — Mr Andrews’ wife Catherine — did not appear “affected by alcohol”.

The unearthed ambulance report published on Friday detailed how the Andrews’ family Ford Territory was “travelling 40 to 60kmh” when it “struck” Ryan in a Blairgowrie backstreet, contradicting the Premier’s claims that their slow-moving vehicle had been “T-boned” by the bike.

Another former Police Chief Commissioner, Kel Glare, says he is “disturbed” by the force’s handling of the crash investigation that left Ryan, then 15, with a punctured lung and internal bleeding.

Glare, the state’s top cop from 1987-1992, said he did not believe “proper procedure” had been followed in the case.

Concerns over the police’s failure to use breathalysers and the removal of the car from the scene have also been raised by lawyers exploring fresh litigation over the crash.

“The best description that I can give you of the whole episode is disturbing,” Glare said.

“The car should never have been allowed to leave the scene, for two reasons: one is, it was a very serious incident and needed proper forensic assessment and two, the car was unroadworthy,” Glare said.

“The photographs show the windscreen smashed to pieces and that means the car ought not to have been allowed to be driven. It’s beyond belief.”

Of the failure to conduct breath tests, Glare – a former police prosecutor and a qualified barrister – said: “I think the decision was made because of who was involved – it seems pretty obvious given all of the stories.

“And that’s unacceptable. It should have been routine. There was a very serious injury to the young lad on his bicycle, you don’t make those sort of judgment calls when you have got the technology to properly assess the situation”.

Glare said the competing explanations given by Ashton and the new police notes were another “matter for concern” as were revelations Ryan was never formally interviewed by crash investigators.

Glare said it was “never too late to have a proper investigation” but Assistant Commissioner for Road Policing Glenn Weir told 3AW on Friday the Meuleman probe would not be reopened.

Ryan Meuleman was injured in the crash.

“We conducted a thorough investigation, as I understand it, at the time and the matter is closed,” Weir said.

“We talked to everyone at the time – witnesses, ambulance … the fire brigade.”

Government Minister Steve Dimopoulos said the 2013 crash had already been “thoroughly” investigated.

“This is over a decade old,” he said.

“The most appropriate authorities have investigated this thoroughly and have made no adverse findings.

“Beyond that, the Premier himself has answered questions on this almost as many times as he’s answered questions on Covid.

“This has been thoroughly examined and I really don’t have any more to say.”