Porsche driver Richard Pusey shouldn’t be charged with truck driver’s crimes, court told

Police have overcharged Porsche driver Richard Pusey over the Eastern Freeway crash which killed four police officers, court told.

Richard Pusey, the driver of a Porsche who allegedly fled the scene of a truck crash on Melbourne's Eastern Freeway which killed four police officers earlier this year. Picture: Michael Dodge

The Porsche driver who allegedly filmed a dying police officer after a horrific road crash in April is fighting the most serious charges against him, his barrister claiming prosecutors have overreached in their charging of him.

Richard Pusey has been in custody since April following the collision that killed Leading Senior Constable Lynette Taylor, Constable Glen Humphris, Senior Constable Kevin King and Constable Joshua Prestney.

It is alleged Mr Pusey had been driving on Melbourne’s Eastern Freeway at 149km/h before being pulled over by police who were then mowed down by a Volvo prime mover.

Mr Pusey has been charged with 16 offences, including attempting to pervert the course of justice, destruction of evidence, failing to render assistance and reckless conduct endangering serious injury.

His barrister, Dermot Dann QC, on Wednesday said the most serious charges should be dismissed, questioning their validity given Mr Pusey was not the driver responsible for the ­collision.

Police officers attend the aftermath of the crash in which 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

“It is submitted as tragic as this case is, for Mr Pusey’s faults, for all the criticisms that can be made … it can be said that this man has been seriously overcharged,” he told the Melbourne Magistrates Court.

In response to the charge of failing to render assistance, Mr Dann said the offence required Mr Pusey to be the driver and responsible for the collision.

“We’re not dealing with the question of whether there should be legislative reform in this area,” he said.

It is alleged Mr Pusey filmed the wreckage on his phone following the crash and showed footage to some people before deleting it and provided a different phone to the police.

Prosecutors allege this conduct was an attempt to pervert the course of justice, but Mr Dann said the intent would need to relate to legal proceedings involving the truck driver and it was completely reasonable to find Mr Pusey was instead thinking about himself.

Mr Dann said Mr Pusey told police he was ashamed of what was on the footage, “ashamed because he said horrible things”.

It is alleged Mr Pusey stood in front of a groaning and injured Constable Taylor and said: “All I wanted to do was go home and have my sushi … now you f. ked my f. king car.”

Mr Dann said putting the charge before a jury would be an invitation for them to engage in “rank speculation” about his motives for deleting the footage.

Magistrate Donna Bakos will deliver her ruling on the charges next week.

Truck driver Mohinder Singh has been charged with culpable driving over the deaths of the police officers as well as a string of drug offences.