‘The justice system as a whole is disappointing’: Policewoman’s husband reacts to the manslaughter charges being dropped for truckie Mohinder Singh’s boss

The husband of a policewoman who was killed in the crash has hit out at the justice system after serious charges were dropped for a trucking company boss.

The husband of a police officer killed in the deadly Eastern Freeway crash says he is “bitterly disappointed” that manslaughter charges were dropped against the boss of killer truck driver Mohinder Singh.

Simiona Tuteru, 51, from Frankston, fronted the Supreme Court on Friday where the prosecution sensationally announced it would not be continuing with the serious charges against the Connect Logistics manager.

Mr Tuteru had been charged with four counts of manslaughter after it was alleged he permitted Singh to drive on the day he mowed down Victoria Police officers Lynette Taylor, Glen Humphris, Josh Prestney and Kevin King in April 2020.

He had vehemently denied any wrongdoing, pleading not guilty.

Senior Constable Taylor’s husband Stuart Schulze told the Herald Sun: “We’re bitterly disappointed. The justice system as a whole is disappointing.”

Stuart Schulze’s wife Lynette Taylor was killed. Picture: Alex Coppel

Leading Senior Constable Lynette Taylor.

He first learnt of issues in the prosecution’s case last week when the Office of Public Prosecutions called an urgent online meeting with the families of the victims.

“It was out of the blue — we didn’t know what it was going to be about,” he said.

He said the prosecution explained that in preparing the case, and in light of pre-trial rulings making some evidence inadmissable, that the case was “touch and go”.

“We were told the director hadn’t made up her mind yet, and wanted our opinions,” Mr Schulze said.

“They felt their case had been weakened to the point it was touch and go.

“We all told them we’d rather go for the manslaughter charges, but we understand that their hands were tied.”

Supreme Court judge Lex Lasry criticised the prosecution for failing to cough up an explanation for the discontinuance of the case in the same week the trial was due to start.

He said Mr Tuteru has had these charges hanging over his head since August 2020, with a lot of court time “wasted”.

“Is the court and the public to be favoured with an explanation?” Justice Lasry asked.

Prosecutor Robyn Harper responded: “I don’t propose to go into the reasons.”

Justice Lasry said it was “most unsatisfactory” that the Director of Public Prosecutions, Kerri Judd, SC, would not explain the reasons for dropping a case of such high public interest.

The discontinuance comes after Justice Lasry last week, in another hearing, expressed concerns to Ms Harper about the way the case had been formulated.

“You can’t just say to a jury, ‘bad stuff happened and it’s his fault’,” Justice Lasry said.

Connect Logistics manager Simiona Tuteru has had manslaughter charges against him dropped. Picture: Ian Currie

Ms Harper had indicated in that October 19 hearing the prosecution would amend the summary to ensure the references to the elements of the offence were clear.

Justice Lasry on Friday said: “I take it that the result of the reformulation is that the Crown has finally worked out it doesn’t have a case, is that right?”

“I wouldn’t say that’s right, your honour. But I’m instructed to enter a discontinuance,” Ms Harper said.

He pushed again for an explanation: “Does the director not feel that, given the public interest in this case, that some explanation is called for?”

“No, your honour — I’m instructed not,” Ms Harper said.

Mr Tuteru’s barrister David Hallowes SC told the court that he had always had the view the prosecution’s manslaughter case was weak.

“We are disappointed it’s taken this long for the Crown to reach this position,” he said.

In July last year, Melbourne magistrate Luisa Bazzani did not agree with Mr Hallowes’ no-case submissions, ordering Mr Tuteru to stand trial in the Supreme Court.

Ms Bazzani ruled there was sufficient evidence for a jury to determine he was criminally negligent as he “knew fatigue was an issue”, but still told Singh to drive and “let’s see how you go” in the hours before the crash.

She said Mr Tuteru had also received messages from the company’s night supervisor concerned about Singh’s driving from his shift the evening before.

Mohinder Singh arrives at the Victorian Supreme Court. Picture: David Crosling

“I don’t think he should be driving,” the supervisor texted him, saying he was concerned for Singh’s mental health and observed him parking trucks on the wrong docks.

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

It would be on that run that a drug-addled Singh would drive into the emergency lane and plough into the four officers, who had stopped speeding Porsche driver, Richard Pusey.

In August, Singh, 49, had his 22-year jail term over the deaths of the officers reduced on appeal to 18 ½ years after he promised to give evidence in Mr Tuteru’s trial.

While the manslaughter charges were dropped, Ms Harper told the court the prosecution would continue to pursue charges against Mr Tuteru relating to him allegedly breaching his duty under Heavy Vehicle National Law and Regulations.

The allegations include 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.

Justice Lasry said those charges, usually reserved for a lower court, may need to be remitted to the County Court.

He will have the case return before him on December 5, when it will be determined if it can remain in the Supreme Court.

He said any trial would not be slated until next year.

The Office of Public Prosecutions would not be drawn on answering why the charges had been dropped when contacted by the Herald Sun.

In a statement, the OPP said “it would not be appropriate” to comment because there are still charges before the court against Mr Tuteru.