Heated legal debate as lawyer calls for toxicology report in Groote Eylandt case

A man who allegedly caused a crash that killed a 10-year-old boy on Groote Eylandt last year had his case heard in court, prompting a heated legal debate.

A MAN who allegedly caused a crash that killed a 10-year-old boy on Groote Eylandt last year had his case heard in court on Wednesday.

Ian De Silva is charged with driving causing death, recklessly endangering life, driving unlicensed and driving without due care.

The case returned to court on Wednesday for a prelim examination mention in which De Silva did not appear.

His representative Robert Welfare called for further writing materials be added to the brief including a toxicology report and translations of the child forensic interviews.

“The child forensic interviews are done without interpreters and there’s lots of language and I’ve asked my learned friend for a translation of what was said,” Mr Welfare said.

“He has said I am not entitled for a translation. I don’t accept that and I ask for translations of the child forensic interviews that I have video recordings of.

“I submit that we’re entitled to the case against us and the case against us is contained within child forensic interview.”

Ian De Silva. Picture: Facebook

However, prosecutor Ian Rowbottom argued that the brief had been completed and that Mr Welfare would need to contact the director of public prosecutions for further information.

“The brief is complete, it has been complete for a long time. The interpreter has interpreted what was said in writing,” Mr Rowbottom said.

“What my learned friend is attempting to do is simply delay the matter, it’s not happening, I’ve told him it’s not happening.

“The reality is interpreters don’t happen unless for good reason. My learned friend simply says I want it, last time I looked I’m running the case, I’m the prosecutor, it’s not happening.”

Mr Welfare also wanted access to the toxicology report taken following the single vehicle crash. “He was driving a car, police took bloods and breath tests from him,” he said. “That’s a simple report. If it’s zero, it’s zero. I need the toxicology report.”

But Mr Rowbottom retorted that would not be happening as there was no allegation of drugs or alcohol.

“This is absolutely absurd. It’s been going on for ages. A 10-year-old has died,” he said. “We are not alleging he was under the influence of drugs, alcohol or anything else.”

The case will be heard again on June 22.