Eastern Freeway crash: Lawyer for Porsche driver Richard Pusey who allegedly filmed crash aftermath questions outraging public decency charge

Richard Pusey allegedly taunted and filmed a dying police officer, His lawyer says public exposure to footage of other deaths is ‘ubiquitous’.

Richard Pusey, the driver of a Porsche who allegedly fled the scene of a truck crash, then allegedly taunted and filmed a dying officer. Picture: Michael Dodge/AAP

The Porsche driver who has been charged with outraging public decency after allegedly filming a dying police officer, did so in environment where people are exposed to footage of killings and where bystanders filmed Hassan Khalif Shire Ali’s attack on Bourke Street, a court has heard.

Richard Pusey has been in custody since April following a horrific road crash which killed Leading Senior Constable Lynette Taylor, Constable Glen Humphris, Senior Constable Kevin King and Constable Joshua Prestney.

Mr Pusey’s barrister, Dermot Dann QC, told a contested committal hearing that historical cases provided by the prosecution involving the charge of outraging public decency weren’t “justification” for the charge and the police extract for the charge “tells us nothing”.

He told the Melbourne Magistrates Court on Wednesday that the public was already exposed to “distressing images” with real footage involving killing and the aftermath of assassinations publicly disseminated and available.

“[Our] environment we’re now in, people are exposed to that type of material,” he said.

Magistrate Donna Bakos questioned the relevance of the environment people live in.

“Do you say that the fact that there are quite horrific scenes and images out there in the community, that therefore this sort of [material] would not offend and or outrage public decency?” she said.

In response, Mr Dann said the use of mobile phone to record instances of violence was now ubiquitous, referring to the attack by Hassan Khalif Shire Ali in Bourke Street which left Sisto Malaspina dead.

“If you look at that footage which is readily available, you see a crowd of people using their mobile phones to film that,” he said.

Police officers attend the aftermath of a collision near the Chandler Highway in the suburb of Kew in Melbourne, Thursday, April 23, 2020. Four police officers were hit and killed by a truck as they were dealing with a speeding Porsche on the Eastern Freeway. Picture: Scott Barbour/AAP

Mr Dann also said another person at the crash site filmed the scene on his mobile phone but hasn’t been charged.

Ms Bakos however said one difference between the two men was that Mr Pusey was involved with the incident.

‘He was never a bystander’

“He was never a bystander and he could never be considered a bystander,” she said.

Mr Dann emphasised that the interaction between Mr Pusey and Leading Senior Constable Taylor had been positive and Mr Pusey had described the officer as lovely and nice, in the aftermath of his filming.

Mr Pusey allegedly filmed the crash site on his phone and was recorded saying: “There you go, amazing, absolutely amazing.”

Leading Senior Constable Taylor could be heard groaning in the background of the video.

“All I wanted to do was go home and have my sushi. You have f. ked my f. king car,” Mr Pusey allegedly said

Taunting disputed

Mr Dann said there was no evidence Mr Pusey was angry with the Leading Senior Constable in the footage.

“He cannot be described as taunting any of the officers,” Mr Dann said.

He said part of Mr Pusey’s commentary in the footage included him asking about the whereabouts of the ambulance and emergency services and some of the commentary was not heard by bystanders.

“I understand the prosecution’s case is not the filming, it’s the filming and the commentary,” he said.

Crown Prosecutor Robyn Harper said the charge related to the commentary as a whole.

“The tone, the manner and the words spoken and in light of who could hear the commentary … it’s substantiated were a number of witnesses,” she said.

It is alleged Mr Pusey was driving his $150,000 Porsche coupe on Melbourne’s Eastern Freeway at 149km/h but was pulled over by police who were then allegedly mowed down by a Volvo prime mover
Mr Pusey has been charged with a raft of offending including failing to render assistance at the scene of a collision, destruction of evidence, behaving in a indecent or offensive manner, speeding and drug offences.

The matter has been adjourned until October for submissions on other charges.