Multiple charges against Porsche driver Richard Pusey dropped
The Porsche driver accused of filming a dying policewoman in the aftermath of the Eastern Freeway crash is making a bid for freedom after a series of charges against him were dropped, but police say he is a danger to the public if he gets behind the wheel.
Police & Courts
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A Porsche driver who was accused of filming a dying policewoman instead of helping her in the aftermath of the Eastern Freeway crash has launched a bid for bail as a series of charges were dropped against him.
Richard Pusey, 42, appeared via video link from prison in Melbourne Magistrates’ Court on Wednesday where magistrate Donna Bakos struck out four charges: failing to render assistance after an accident, destruction of evidence and two counts of perverting the course of justice.
“I find that the evidence is not of sufficient weight to support those charges,” Ms Bakos said.
But Ms Bakos ordered he should stand trial on other charges including reckless conduct endangering serious injury, reckless conduct endangering death and possessing a drug of dependence.
She also allowed a controversial charge of outraging public decency, in which Mr Pusey’s legal team had argued did not even exist in Australia.
The charge relates to Mr Pusey allegedly filming the graphic aftermath of the April 22 crash, including the bodies of Leading Senior Constable Lynette Taylor, Senior Constable Kevin King, Constable Josh Prestney and Constable Glen Humphris.
The officers were standing on the roadside after intercepting Mr Pusey for allegedly speeding when a truck veered into the emergency lane and killed them.
Mr Pusey, from Fitzroy, plans to contest the charges, pleading not guilty.
Dermot Dann, QC, for Mr Pusey, told the court the case may require two trials as the alleged offending was spanned over two days.
The mortgage broker is expected to face the County Court for a directions hearing in November.
Following the ruling, Mr Pusey immediately launched an application for bail.
Police opposed his release, declaring him a danger to the public when behind the wheel and raising concerns he could interfere with witnesses.
“He is a manipulative, controlling man,” Detective Senior Constable Aaron Price said.
“When he clashes with people or doesn’t agree with what they say, he resorts to ... harassment, verbal abuse and intimidation.”
Det Price did not believe a condition of bail that Mr Pusey does not drive would ameliorate his concerns “simply because the accused picks and chooses the laws he wishes to follow”.
“He does have the tendency to driving fast in flashy cars,” Det Price said.
The court heard the prosecution would be more likely to not oppose his release if he was to be freed into an inpatient treatment facility.
But Mr Dann said Mr Pusey had been rejected from four suitable mental health facilities.
“If they won’t have him what else can he do?” Mr Dann said.
Mr Dann said his client was at risk of being on remand for longer than any sentence that would be imposed if convicted, with delays in the justice system due to coronavirus meaning the earliest trial date available would be late 2022.
He proposed Mr Pusey be bailed to his Fitzroy address where he lives with his wife under strict conditions including no driving, a curfew, random urine drug screens, and that he receive psychiatric treatment for his diagnosed personality disorder.
Ms Bakos will determine if Mr Pusey should get bail on Friday.
It comes after Mr Dann had argued last week at least six charges should be dropped against Mr Pusey in what he described was a “pretty extraordinary” police case involving “a shortfall in the evidence” and charges that were “so far out of the box”.
The prosecution could not make out the charge of failing to render assistance, Mr Dann said, as it requires Mr Pusey to be the driver of the vehicle at the time of the April 22 collision.
“He’d been out of the car for 36 minutes,” Mr Dann said. “His car was being impounded.”
Mr Dann said no jury beyond reasonable doubt could also convict Mr Pusey on the charge of reckless conduct endangering life relating to his alleged fast driving, with a more appropriate charge being careless or dangerous driving.
“This person is seriously overcharged with charges that can’t be made out,” Mr Dann said.
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