Hit-run trial looms
Accused pleads not guilty to death charges
ACCUSED hit-run driver Jamie Neskovski will front a County Court trial after pleading not guilty to a string of serious charges.
The 28-year-old was yesterday committed to stand trial on five charges surrounding the death of James Travers.
He entered pleas of not guilty to culpable driving, dangerous driving causing death, failing to stop, failing to render assistance and a summary charge of careless driving.
Mr Travers was crossing Yarra St, South Geelong, when he was struck by a vehicle allegedly driven by Mr Neskovski during the early hours of December 22 in 2018.
The 32-year-old carpenter died at the scene. The Office of Public Prosecutions alleges Mr Neskovski was too fatigued to be driving at the time of the fatal collision.
Mr Neskovski, of Lovely Banks, had attempted to have Magistrate Ann McGarvie throw out the culpable driving and dangerous driving causing death charges.
In December a lawyer argued there was no evidence to support the charges, pointing to his client’s driving in the minutes before the collision, which he said was “uncontroversial”.
Ms McGarvie said the prosecution was basing its case on Mr Neskovski being too fatigued to drive at the time of the crash.
The magistrate acknowledged evidence indicated Mr Neskovski was driving under the 60km/h speed limit at the time of the incident and had no drugs or alcohol in his system.
“The prosecution relies on lack of sleep — that the defendant had been awake for 18 hours and had likely only had three hours sleep in the 24 hours beforehand,” Ms McGarvie said.
Ms McGarvie said while
CCTV footage appeared to show the accused travelling in marked lanes, stopping at lights and using indicators minutes before the crash other footage showed the crash occurred “without any braking or evasive action”.
Ms McGarvie concluded there was enough evidence for a jury to find Mr Neskovski guilty of all five charges.
The accused, who has been on bail for nine months, was ordered to return to court for a directions hearing on February 12.
His bail, with strict conditions, was extended.