Porsche driver Richard Pusey slapped with new charge
The Porsche driver who allegedly filmed a dying policewoman in the Eastern Freeway crash continues to fight his case in court, with his lawyer claiming the charges against him are “fundamentally flawed”.
Police & Courts
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A Porsche driver at the centre of the Eastern Freeway crash in which four police officers were killed claims he has been “seriously overcharged” by the force.
Richard Pusey, 42, appeared via video link from prison in Melbourne Magistrates Court on Wednesday where his legal team argued the legitimacy of the charges he is facing.
In a bid to sway magistrate Donna Bakos to withdraw at least six charges, Dermot Dann, QC, for Mr Pusey, said the police case against his client was “pretty extraordinary” with “a shortfall in the evidence”.
He said the prosecution could not make out the charge of failing to render assistance as it requires him 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.”
Referring to the Road Safety Act’s definition of a driver, he said it relates to a person being in control of the vehicle.
“He’s not the driver, he’s not in control and he’s not in charge,” Mr Dann said.
“The (prosecution) submission comes very closely to replacing driver with owner.
“That’s why that charge is fundamentally flawed.”
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.
He said a more appropriate charge would be exceeding the speed limit, careless driving, or “maybe even dangerous driving”.
“This person is seriously overcharged with charges that can’t be made out,” Mr Dann said.
It comes as it was revealed on the case kicking off that police had filed a 16th charge of possessing an anti-speed measuring device against Mr Pusey.
An earlier hearing heard how text messages on the mortgage broker’s phone allegedly revealed him boasting about driving at speeds of up to 300km/h and using “blinders” — a jamming device installed on the car, to escape police detection.
The charge carries a maximum penalty of a $3300 fine.
Mr Pusey is also charged with outraging public decency, an offence his legal team argue does not exist in Australia, prompting them to apply to the court in August to have it dropped.
The charge relates to Mr Pusey allegedly filming the graphic aftermath of the 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 survived as he had walked to nearby grassland to urinate.
Other charges Mr Dann said should be struck out include two counts of attempting to pervert the course of justice and destruction of evidence relating to Mr Pusey allegedly deleting the footage and setting his phone back to factory settings before handing it over to investigators.
Prosecutor Robyn Harper alleged Mr Pusey posed “a real risk” of endangering serious injury to other motorists after he was allegedly seen driving “extremely quickly” at 149km/h in a 100km/h zone on a busy freeway.
“Whether or not the matter of driving in combination with the speed amount to reckless conduct endangering serious injury is ultimately a matter for a jury,” Ms Harper said.
She argued his failure to render assistance in a fatal collision was made out as he had been the driver of the Porsche immediately prior.
“But for the presence of the vehicle being there, there wouldn’t have been a collision,” she said.
Ms Bakos will hand down her ruling on October 14.
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