First pictures of Porsche driver Richard Pusey after he was freed on bail
The Melbourne Porsche driver accused of filming a dying policewoman following Eastern Freeway crash has been freed on bail, despite police labelling him a “manipulative, controlling man” who could interfere with witnesses.
Police & Courts
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The millionaire Porsche driver accused of callously filming a dying policewoman following the quadruple fatal Eastern Freeway crash has walked out of jail free on bail.
Richard Pusey, 42, strolled out of the Ravenhall Correctional Centre, carrying his personal possessions in a plastic bag and with a jumper tied around his neck.
The mortgage broker also appeared to have longer hair since his arrest.
He was driven away from the jail in a white car to an undisclosed location but he has to report to Fitzroy police station three times a week as part of his bail conditions.
“Four people died and that’s very horrible,’’ he said later.
“It’s tragic. I feel for the families of the deceased,” he said. “I hope they’re (the families) are coping.”
Mr Pusey, 42, appeared via video link from prison in Melbourne Magistrates’ Court on Friday where magistrate Donna Bakos granted him bail on strict conditions including that he does not drive.
Other conditions include a 9pm-7am curfew, not to contact witnesses, surrender his passport and not leave Victoria, as well as report to Fitzroy police station three days a week.
“I’m of the view the imposition of strict and rigorous bail conditions can mitigate the risks so they are not unacceptable,” Ms Bakos said.
Police had opposed the mortgage broker’s release, saying he was a “manipulative, controlling man” who could interfere with witnesses.
Detective Senior Constable Aaron Price had also told the court Mr Pusey’s history showed he had a blatant disregard for the road rules, with a tendency to drive fast in flashy cars, putting the lives of other road users at risk.
Det Price did not believe Mr Pusey would abide by a prohibition of driving.
But Ms Bakos said the homicide detective’s concerns about Mr Pusey’s driving had merit but suggestions he may interfere with witnesses was “speculative”.
Mr Pusey’s lawyer Dermot Dann, QC, had argued his client had mental health problems that could be treated on his release, outlining a proposed treatment plan including psychological counselling.
Ms Bakos said it was clear by Mr Pusey’s attempts to be placed in an inpatient mental health facility that he was “genuinely desirous” to seek treatment.
She said she could not make an assessment on Mr Dann’s submissions that Mr Pusey was at risk of being on remand for longer than any sentence that would be imposed if convicted.
He cited delays in the justice system due to coronavirus meant the earliest trial date available would be late 2022.
Ms Bakos said the charges were “serious” but that a period of up to three years on remand before a trial was “extremely long”.
Support from his wife and parents, along with a static residential address also went in his favour for granting bail, Ms Bakos said.
Mr Pusey’s freedom comes after a series of charges were dropped against him earlier this week, with Ms Bakos determining there was insufficient evidence for them to proceed to trial.
Ms Bakos said Mr Pusey could not be considered a driver at the time of the April 22 collision as he was no longer in control of his vehicle, having been out of his vehicle for some 36 minutes while it was being impounded, and therefore he was not required to stay at the scene to render assistance.
She withdrew the charge, along with two counts of perverting the course of justice, and a destruction of evidence offence relating to him allegedly deleting footage he took at the crash scene from his mobile phone.
But Ms Bakos said Mr Pusey should stand trial in the County Court on reckless conduct endangering serious injury, reckless conduct endangering death and possessing a drug of dependence.
In a landmark ruling, she also allowed a controversial and rare charge of outraging public decency, which Mr Pusey’s legal team had argued did not exist in Australia.
The court heard the charge related to Mr Pusey filming the aftermath of the Kew crash while making commentary about how the collision was “justice”, how lucky he had been to escape and that he would be getting an Uber home.
“Could a jury decide that the accused’s conduct was at the highest end of what is disgusting, repugnant, repulsive or offensive? In my view a jury could,” Ms Bakos said.
“The accused will therefore be committed for trial on this charge.”
Leading Senior Constable Lynette Taylor, Senior Constable Kevin King, Constable Josh Prestney and Constable Glen Humphris were all killed when a truck veered into the emergency lane where they had stopped Mr Pusey for allegedly speeding.
Mr Pusey escaped injury as he had walked onto the verge to urinate moments earlier.
He allegedly ran to the wreckage of his Porsche to grab his two mobile phones – and a lunch bag police allege contained drugs – and started filming the officers instead of helping them, before hitching a ride with a passer-by.
Ms Bakos said a doctor who was among the first on scene had revealed in his police statement how Mr Pusey continued filming as they were trying to treat the victims.
In her ruling earlier this week, she said a bystander also told police how Mr Pusey “shrugged him off” when he asked him to help protect one of the victims by holding up a blanket.
Another witness, she said, reported pushing Mr Pusey out of the way as he was getting in the way of the doctors attempting to treat the officers.
Mr Pusey pleaded not guilty to the charges.
He will face a directions hearing in the County Court next month.
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