Twist for man charged over horrific deadly crash

There has been a major development for a man who was allegedly speeding when he smashed into a tree and killed two children.

A man was allegedly being filmed by his child passengers as he sped along a residential road at 136 km/h before he slammed into a tree in a horror crash that killed two children.

Jimmy Martin Brito was allegedly behind the wheel of a blue Subaru WRX at 9.50pm on August 25 when it slammed into a tree at a busy intersection in Monterey in Sydney’s south.

Police allege the 33-year-old lost control of the car and crossed over two lanes of traffic onto the wrong side of the road before the deadly collision.

There were three children in the car at the time of the forceful impact.

Jimmy Martin Brito was charged over the fatal crash in Sydney’s south. Picture: 7 News

Mr Brito’s cousins Peter, 9, and Xavier Abreu, 10, were rushed to Sydney Children’s Hospital, where they died. A nine-year-old girl escaped the horrific crash with minor injuries.

The court was told the children filmed Mr Brito from inside the car as he reached speeds of more than 136 km/h on the 60 km/h residential road.

Police prosecutor Emily Fowler said police had retrieved footage from one child’s phone while the other two were “going through the process”.

She said the surviving child had also given a statement which supported police allegations.

“Prior to the collision, the vehicle was travelling at least 136 km/h, sometimes upwards of that,” she said.

Police allege that was Mr Brito’s average speed as he hooned from the area of La Perouse, more than 12km away from the collision site.

Xavier (aged 10) and Peter Abreu (aged 9) died in the car crash.

Police believe the driver may have been drag racing against a grey sedan along the coastal road just moments before the crash.

Police have issued an appeal for information about the sedan, which sped away from the crash site and did not stop.

One video shown in court depicted the two cars speeding up the road with their headlights blazing before a large cloud of smoke erupts beyond the camera’s sight.

The force of the impact was so strong that the car’s engine was flung from the bonnet and landed several metres away.

Mr Brito appeared in Sutherland Local Court via audiovisual link on Thursday to apply for bail after being charged with two counts of dangerous driving causing death, and one count of causing bodily harm by misconduct.

The court heard police have laid three fresh charges against the Beverly Hills resident while he is still in custody.

He was allegedly speeding when he hit a tree near a busy intersection.

He is now also facing two counts of aggravated dangerous driving occasioning death at a speed more than 45 km/h over the speed limit and one charge of aggravated dangerous driving occasioning grievous bodily harm at a speed more than 45 km/h.

Ms Fowler argued the 33-year-old should not be granted bail because he posed “a large risk to the community”.

His alleged actions showed a blatant disregard for the safety of the community and resulted in the deaths of two children, she said.

The prosecutor noted the charges were “objectively serious” and Mr Brito did not have “an unblemished record”.

Mr Brito’s lawyer John Peluso contended his client had no history of violence and a limited record.

CCTV captured the moment the Subaru hit the tree.

He maintained the 33-year-old should be allowed to return to his family home under virtual house arrest so he could recover from injuries sustained in the crash.

“He’s suffering severely in the physical sense and his treatment is lacking in the situation he’s in (in custody),” Mr Peluso said.

“He’s not had any scans and he’s not receiving proper medication.”

The court heard police had asked for an adjournment for 12 weeks to complete their forensic examination into the crash “due to the complexity of the matter”.

Mr Peluso said the delays meant his client would spend “a significant amount of time” behind bars without adequate medical attention.

Magistrate Philip Stewart said there was no evidence before the court that Mr Brito was not receiving sufficient care for his physical and mental ailments.

A memorial has been established at the scene of the crash. Picture: NCA NewsWire/ Monique Harmer

He noted there was some possibility the charges may be upgraded as the investigation continues.

“If (he is) convicted of these offences, a custodial sentence is inevitable,” the magistrate said.

He refused to grant Mr Brito’s bail. The matter will return to court in November.

Outside court, Mr Brito’s instructing solicitor Sophie Toomey said they would take the bail request “upstairs” to a higher court and “see what happens there”.