Why cops didn’t breath test at scene of Andrews’ 2013 crash

Secret documents reveal why police failed to breath test Catherine Andrews at the scene of the crash that almost killed a teen cyclist.

Secret police documents reveal the mother of a teenage cyclist who almost died in a collision with Daniel Andrews’ car questioned the Premier and his wife’s version of events in a meeting with investigators 10 days after the crash.

Hand-written police notes show Ryan Meuleman’s mum, Sonia Johnstone, asked police why no breathalyser test was conducted at the scene and whether the driver was “possibly on the phone/distracted” or speeding.

According to the notes, the Meuleman family was told a breath test was not taken because in the “opinion” of a senior constable, the driver did not appear “affected by alcohol”.

The police investigation notes are included in a legal file handed over by major law firm Slater & Gordon — which acted for Ryan in the aftermath of the 2013 crash — to his new legal team and have been released by the family.

Police investigation notes from the crash.

Notes of the exchange between Ryan’s mother and police on January 17, 2013, were heavily redacted in documents previously released under Freedom of Information.

But Ryan’s barrister John Ribbands said the file provided by Slater & Gordon raised more questions than answers about the crash.

Mr Ribbands has also questioned why Slater & Gordon has not handed over some parts of Ryan’s file, which the law firm claims are privileged.

It remains unclear how Slater & Gordon became involved in the matter with both of Ryan’s parents saying they never engaged the firm.

“I’m trying to provide my client with advice in circumstances which are mired in murkiness,” Mr Ribbands told the Herald Sun.

“There are conflicting accounts about the circumstances of the accident, there are unexplained shortcomings in the police response, and there is uncertainty as to how solicitors came to be involved at that time.

Ryan Meuleman suffered a punctured lung, broken ribs and internal bleeding in the collision.

“In trying to clear up that murkiness we seem to be confronted with more of the same.

“I have read the file from the former solicitors and there are a number of questions that arise, the most puzzling of which is their claim for privilege.

“I do not understand the basis for their contention that there are parts of Ryan’s file that are subject to privilege and even more troubling, they have not disclosed the nature of those documents which they wish to keep confidential.

“There’s a lot about this matter that just doesn’t add up.”

Video emerged last week where the Premier’s wife, Catherine Andrews, who says she was driving the Ford Territory that struck Ryan at Blairgowrie on January 7, 2013, said the teenager was lucky he was not charged.

“The young cyclist hit our car with such force that it was a miracle that he wasn’t more seriously injured,” she said.

The Andrews’ damaged vehicle after the crash. Picture: Supplied

“It was the young cyclist’s fault — he hit our car, um, you know, we’re grateful that the police decided not to charge him.”

Speaking for the first time about the horror crash this month, Ryan insisted that the Andrews car was “speeding” and “seemed to come out of nowhere” when he was struck as he rode his sister’s bike across Ridley St.

Ryan — who suffered a punctured lung, broken ribs, internal bleeding and was left with just 10 per cent of his spleen — has also condemned the Premier for leaving the scene after calling Triple 0, with Mr Andrews, who was opposition leader at the time, having said he needed to take his traumatised children to their nearby holiday rental home before returning.

Ryan says he never gave a police statement to detail his version of events.

The release of secret police photographs earlier this month revealing the extent of the damage to the front of the Andrews’ family car have prompted calls from a former Victorian crown prosecutor for a fresh review of the case.

Originally published as Why cops didn’t breath test at scene of Andrews’ 2013 crash