Andrew Prestney: ‘We’re very disappointed in the decision’

The decision to put on permanent hold the case against a boss whose truckie killed four police officers has been a “kick in the guts,” the father of one of the victims says.

Eastern Freeway victim Josh Prestney with his father Andrew Prestney, who says a permanent hold on the court case is a “kick in the guts”. Picture: Supplied

The decision to put a permanent hold on the case against a transport boss whose truckie killed four police officers had been another “kick in the guts,” the father of one of the victims said.

Andrew Prestney, whose son Josh died in the 2020 Eastern Freeway crash, said the ruling was the latest in a succession of disappointments as those charged in connection with the tragedy have passed through the justice system.

Supreme Court Justice Lex Lasry last week put a permanent stay on proceedings against Simiona Tuteru, a manager at Connect Logistics.

His exhausted and drug-affected driver Mohinder Singh worked there when he ran into Const. Prestney and his colleagues Const. Glen Humphris, Sen-Const. Lynette Taylor and Sen-Const. Kevin King as they stood at the roadside after Porsche driver Richard Pusey had been pulled over for speeding.

The parents of Josh Prestney, Andrew and Belinda, with his brother Alex Prestney and other family members outside the Supreme Court on April 14, 2021. Picture: Luis Ascui

Justice Lasry criticised Victoria’s Director of Public Prosecutions for acting “oppressively and unfairly” in its handling of the case against the 51-year-old Mr Tuteru.

Andrew Prestney said he hoped this was not the end of the matter and that his dismay was compounded by the move coming close to an expected trial.

“If a jury came back and said `not guilty!’, we’d say `that’s the way it goes,” he said.

“We’re very disappointed in the decision. We would strongly urge the Office of Public Prosecutions to appeal. For the average person, it’s pretty difficult to negotiate. It’ll take a lot of debriefing and digesting.”

Mr Prestney said there were other huge let-downs as legal matters had rolled on.

He said Singh had received a four-year sentencing discount for giving evidence against Mr Tuteru but that would probably never happen because of the permanent stay decision.

Footage showed truck driver Mohinder Singh drifting across lanes minutes before the Eastern Freeway truck tragedy. Picture: Supreme Court of Victoria

He said he did not believe Pusey was dealt with as harshly as he should have been as the man whose irresponsibility was the first link in a tragic chain of events.

Mr Prestney said he believed too much had been made of the human rights of Mr Tuteru.

“Josh’s right to be a human ended on the 22nd of April, 2020,” Mr Prestney said.

Police had alleged Mr Tuteru should have stopped Singh from driving.

Justice Lasry said the case was still not ready for trial, despite the passage of two-and-a-half years, and he took the decision to protect the integrity of the court.

Continuing with the matter would be an abuse of process, he said.