Eastern Freeway crash: Porsche driver Richard Pusey disputes legality of rare charge
The man who allegedly filmed a crash which killed four police officers is disputing the legality of a rarely used charge.
The lawyer for a Porsche driver who allegedly taunted and filmed a dying police officer is quibbling over whether the charge of “outraging public decency” is legal before agreeing to a plea deal, 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.
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 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 manager of the trucking company was charged earlier this month with four counts of manslaughter.
Mr Pusey’s lawyer told the Melbourne Magistrates Court on Thursday via video link that the case was nearly resolved with prosecutors except for the rare charge of outraging public decency.
“Essentially one charge that lies between the prosecutor and ourselves,” Dermot Dann QC said.
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.
Mr Dann said the court needed to decide whether the charge had ever existed in Australia and if it still exists.
He said the charge couldn’t be made out legally or factually, and that English precedents of the charge related to very different cases.
Prosecutor Jason Ong agreed it was a “very different and somewhat novel area of law”.
Magistrate Johanna Metcalf will hear submissions on the issue on August 26.
More Coverage
Rescued backpacker in German hospital after slipping out of Perth
Carolina Wilga, who survived 11 nights in the harsh WA outback, has returned to her hometown as rival media networks continue to pursue her exclusive story.
$500K reward to find arsonists who killed Katie in botched firebombing
Katie Tangey was house-sitting for her brother when underworld thugs torched the wrong home. She died in the blaze. Police are now offering $500,000 to find her killers.