Driver at centre of crash ‘overcharged’

A PORSCHE driver at the centre of Melbourne’s Eastern Freeway crash which killed four police officers claims he was “seriously overcharged”.

Richard Pusey, 42, appeared via video link from prison in Melbourne Magistrates Court on Wednesday where his barrister Dermot Dann, QC, said at least six charges should be dropped in what he described was a “pretty extraordinary” police case involving “a shortfall in the evidence” and charges that were “so far out of the box”.

Mr Dann said the prosecution could not make out the charge of failing to render assistance as it requires Mr Pusey to be the driver of the vehicle at the time of the April 22 collision.

“He’d been out of the car for 36 minutes,” Mr Dann said. “His car was being impounded.”

Mr Dann said no jury beyond reasonable doubt could also convict Mr Pusey on the charge of reckless conduct endangering life relating to his alleged fast driving.

He said a more appropriate charge would be exceeding the speed limit and careless or dangerous driving. “This person is seriously overcharged with charges that can’t be made out,” Mr Dann said.

The court heard police had filed a 16th charge against Mr Pusey of possessing an anti-speed measuring device, which carries a maximum penalty of a $3300 fine. An earlier hearing heard how text messages on the mortgage broker’s phone revealed him boasting about driving at speeds of up to 300km/h and using “blinders” – a jamming device installed on the car – to escape police detection.

Mr Pusey is also charged with outraging public decency, an offence Mr Dann said does not exist in Australia, prompting him to add it to the list of the charges he urged Magistrate Donna Bakos to strike out. The charge relates to Mr Pusey allegedly filming the graphic aftermath of the crash, including the bodies of Leading Senior Constable Lynette Taylor, Senior Constable Kevin King, Constable Josh Prestney and Constable Glen Humphris. The officers were standing on the roadside after intercepting Mr Pusey for allegedly speeding when a truck veered into the emergency lane and killed them.

Ms Bakos will hand down a ruling on October 14.