Killer truck driver’s jail term cut by 3½ years in exchange for evidence against ex-boss

The truck driver who killed four police officers in a road crash on Melbourne’s Eastern Freeway has had his jail term cut by 3½ years because he will give evidence against his former boss at trial.

The Court of Appeal on Thursday reduced Mohinder Singh’s 22-year jail term to 18½ years over the crash that killed Leading Senior Constable Lynette Taylor, Senior Constable Kevin King and constables Glen Humphris and Josh Prestney in Kew on April 22, 2020.

Mohinder Singh outside the Supreme Court in April 2021.Credit: Jason South

Singh was fatigued and drug-affected when he fell asleep at the wheel, allowing his 20-tonne prime mover to veer into the emergency lane and hit the officers and their stationary vehicles. The officers had pulled over Richard Pusey for speeding in his Porsche.

Singh, 49, last month appealed against the length of his sentence and argued for reduced jail time because he would give evidence against his former supervisor, Simiona Tuteru, who has pleaded not guilty to four counts of manslaughter. Tuteru is due to face trial in October.

Prosecutors allege Tuteru, 51, knew, or ought to have known, Singh was not in a fit state to drive when the pair spoke before the driver started his shift.

The Court of Appeal on Thursday ruled Singh’s agreement to act as a prosecution witness justified a reduction in prison time.

Senior Constable Kevin King (left), Constable Josh Prestney, Leading Senior Constable Lynette Taylor and Constable Glen Humphris were killed on the Eastern Freeway in 2020.Credit: Victoria Police

He was re-sentenced to serve 14½ years before he becomes eligible for parole, down from the previous non-parole period of 18½ years Supreme Court Justice Paul Coghlan imposed last year.

Singh faced the appeals court on a video link from prison and promised under oath to give evidence in Tuteru’s trial. He accepted he faced being re-sentenced if he didn’t keep his promise.

Court of Appeal Justice Karin Emerton, speaking for the three appeal judges, said Singh’s promise to give evidence was a significant matter in mitigation, and accepted it was a fresh ground in his challenge against the length of his sentence.

Simiona Tuteru has pleaded not guilty to four charges of manslaughter and is awaiting trial.Credit: Simon Schluter

Although Victoria Police declined to comment on the sentence reduction, Police Association secretary Wayne Gatt said many in the force would have trouble accepting the decision.

“This man may now be afforded additional days of freedom,” Gatt said.

“Not a single extra day can be added to the lives of our four fallen members. That is something many police will find difficult to grapple with.”

The Court of Appeal last month suppressed any reference to Singh’s evidence from his appeal hearing, which prevented the media reporting it. It set aside that order on Thursday.

Singh gave a statement to police in May last year and gave evidence two months later in Melbourne Magistrates’ Court, before Tuteru was committed to trial and pleaded not guilty.

Singh’s co-operation happened after he was jailed, which meant his sentencing judge was unable to consider it as a mitigating factor.

The Court of Appeal said Singh’s lawyers first contacted police on May 13, 2020 – three weeks after the crash – and that an investigator sent a return email six minutes later, refusing the offer of help.

By May last year, the police position changed, and an officer took a statement from Singh.

The appeals court said it was “a matter of singular regret that the police did not accept the applicant’s offer before he was sentenced”.

Emerton said the appeals court’s decision to reduce Singh’s jail term was no reflection on the “impeccable” sentence Coghlan had imposed.

Singh was an ice user and police believe he rested only five of the 72 hours before the crash and spent much of those three days dealing and using drugs with associates when not driving. On the day of the crash, he stopped his truck to do a drug deal minutes after leaving his Lyndhurst depot.

Singh pleaded guilty to four counts of culpable driving causing death, three of drug trafficking and other charges.

He must serve at least another 12 years, under the revised sentence, before he is eligible for parole.

Pusey was at the side of the freeway when the truck hit the officers. He was later jailed for speeding and filming the dying officers with his mobile phone.

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