Tommy Balla could be spared jail time for causing crash that killed young cop Aaron Vidal
A police officer was on his way home to be with his pregnant fiancee when he died in a horrific crash - all because of two decisions.
A man is set to be spared jail time for causing a devastating collision that killed a beloved young police officer and father-to-be last year.
Constable Aaron Vidal died when his motorcycle slammed into the ute driven by Tommy Balla, who had run a red light at Rouse Hill in Sydney’s northwest on June 18, 2020.
Constable Vidal, 28, had just finished a shift in the city and was riding home to his pregnant fiancee Jessica Loh when his life was cut tragically short.
Balla, 38, pleaded guilty to dangerous driving occasioning death and told Constable Vidal’s family during a hearing at Parramatta District Court last month he would never forgive himself.
Facing 10 years in jail, Judge Stephen Hanley on Monday sentenced him to a two-year prison term to be served in the community by way of an intensive corrections order.
But the court heard Balla first needs to pass a home detention application in order to avoid the jail time. If unsuccessful he will serve his sentence behind bars.
The judgment came after Judge Hanley found Constable Vidal had himself breached the road rules by illegally lane filtering just before he hit the side of Balla’s Mitsubishi Triton as it turned across Windsor Road.
The court heard witnesses reported seeing the motorcycle moving “fast” past several stationary cars stopped at the intersection, travelling at up to 50 to 60km/h.
Judge Hanley said the speed limit for lane filtering – an “inherently dangerous” manoeuvre – was 30km/h and as a police officer Constable Vidal should have known better.
“I’m satisfied the (crash) would not have occurred if the victim was observing the rules … and in that sense contributed to the collision,” he said.
The court heard the young cop, however, was faced with a green light and was entitled to believe no vehicle would be illegally travelling across the intersection. The speed limit on Windsor Road is 80km/h.
Balla proceeded to turn across the “very busy” intersection at peak hour onto Schofields Road two seconds after the turning arrow had turned red, the court heard.
He claimed not to have noticed the red lights and said in his police interview he believed it was still amber.
At the time the father-of-two was speaking on the phone via Bluetooth and had his 21-month-old child in the front passenger seat.
Judge Hanley said Constable Vidal’s “tragic and unnecessary death … occurred as a result of (Balla’s) inattentiveness”.
He accepted Balla was “sincerely and profoundly” remorseful and had been living “in his own prison” due to serious mental health issues and public humiliation from media reporting.
“I accept he has excellent prospects of rehabilitation and I would be very surprised if he reoffended,” he said.
There was no evidence Balla was affected by drugs or alcohol, and he had a good driving record, the court heard.
Judge Hanley said the crash occurred in a “split second” and found neither Balla nor Constable Vidal would have seen each other coming.
Constable Vidal had followed his father, Chief Inspector David Vidal, into the NSW Police force in 2017 after previously serving in the Australian Army.
The father and son worked together at Day Street police station in the CBD at the time of Constable Vidal’s death.
At the time he was excitedly expecting the birth of his first child, a boy named Etzio, and was engaged to be married to his soulmate Ms Loh.
Judge Hanley said Constable Vidal’s family had suffered “immeasurable pain” from the loss of a “larger than life” young man who brightened every life he touched.
He said Balla’s family had also become “innocent victims” in the fallout from the crash, saying there were “no winners” from the tragic incident.
Balla has been granted bail as he awaits the outcome of his home detention assessment.
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