Alleged hit-and-run drink driver Garth Lance Spain fails in bid to ‘have a beer at home’, court hears

An alleged drink and drug driver charged with the hit-and-run that killed a teenager has failed in a bid to have his bail varied so he can ‘have a beer at home’.

Garth Lance Spain leaves the Darwin Local Court on Wednesday where he stands charged with hit-and-run driving causing death. Picture: Jason Walls

AN alleged drink and drug driver charged with the hit-and-run that killed 15-year-old Jack Parker in Wulagi last month has failed in a bid to have his bail varied so he can “have a beer at home”.

Garth Lance Spain faced the Darwin Local Court for the first time on Wednesday where he stands charged with multiple offences including hit-and-run causing death.

Spain was granted bail by police after being charged over the fatal crash on August 23 and on Wednesday his lawyer, Marty Aust, requested that a condition that he abstain from alcohol be revoked.

Mr Aust said while the hit-and-run charge was serious, his client may ultimately have no case to answer as he stopped “momentarily” and “there was no assistance that was capable of being rendered”.

“As soon as Mr Spain struck the young person he stopped the vehicle, he panicked and he drove directly to the Casuarina police station and phoned the police within five minutes,” he said.

“It’s yet to be determined whether this was, in fact, nothing but a tragic accident, as opposed to dangerous driving resulting in the death.”

Mr Aust said Spain was allegedly only just above the threshold for medium range drink driving and traces of cannabis could remain in users’ blood for “up to three months”.

Garth Spain speaks with his lawyer outside the Darwin Local Court on Wednesday. Picture: Jason Walls

“Now whether that level of alcohol is actually such that he was intoxicated to any extent that rendered his ability to control the vehicle or whether something or somebody, or unfortunately in this case, a young person, shot out inadvertently in a situation where it’s impossible to do anything but strike that young person is yet to be determined,” he said.

“This man is not a volatile alcoholic who poses a risk to the public, he is not some drug addled criminal.”

In reply, prosecutor James O’Brien said witnesses to the crash had reported that the car did not stop as Spain claimed and noted he told police at the time he had “smoked some weed”.

“He’s been in an accident that’s caused a child to die while he’s allegedly been intoxicated, had drugs in the system and has not stopped to render assistance,” he said.

“Those are the charges he’s facing — it’s not too onerous to expect that he abstains from alcohol until the matters are sorted out.”

In declining to vary Spain’s bail as requested, judge Dick Wallace said he did not think the alcohol prohibition was “unreasonable under the circumstances”.

“I don’t see why the conditions should be altered, it’s not really all that burdensome on anybody to go without grog,” he said.

Originally published as Alleged hit-and-run drink driver Garth Lance Spain fails in bid to ‘have a beer at home’, court hears