Crash death ac­cused: Pa­role is­sue raised

Whitsunday Times - - NEWS -

AN IS­RAELI tourist ac­cused of strik­ing a pedes­trian with his car and killing him in the Whit­sun­days while in­tox­i­cated has been cau­tioned by a judge he may not be el­i­gi­ble for pa­role if he’s con­victed at trial.

Omer Shun­muel It­shaky , 24, faced the Dis­trict Court in Mackay last Fri­day with bar­ris­ter Ja­son Tod­man.

It­shaky has been charged with danger­ous op­er­a­tion of a ve­hi­cle caus­ing the death of a 46-year-old man while in­tox­i­cated on Novem­ber 5, 2017 at Shute Har­bour.

It­shaky’s case had been set down for a 590AA ap­pli­ca­tion. The pre-trial hear­ing would be about the ad­mis­si­bil­ity of a road­side in­ter­view, ac­cord­ing to court doc­u­ments. Judge Smith asked Mr Tod­man (in­structed by Glaser Lawyers) if It­shaky was an Aus­tralian ci­ti­zen and the bar­ris­ter said It­shaky was not. “If he’s con­victed he’s got a real chance of a sen­tence in­volv­ing pa­role,” Judge Smith replied. “And he will prob­a­bly not be re­leased. He’ll do the whole lot.

“On the other hand, if it’s a plea of guilty, he’s got the chance of a five year head sen­tence, with a sus­pen­sion af­ter a time.” Mr Tod­man later sub­mit­ted the ap­pli­ca­tion would be with­drawn, “but (It­shaky) still re­quires a trial list­ing”.

“Is he sure about that? Be­cause as I un­der­stand it the range of penal­ties af­ter a trial – I mean, you’re prob­a­bly look­ing at a start­ing point (head sen­tence) of about six years,” Judge Smith said.

“And there’d be a pa­role date. As (he’s) not an Aus­tralian ci­ti­zen, I think it’d be very un­likely he’d get pa­role.” Mr Tod­man with­drew his re­quest for a trial list­ing and re­quested an ad­journ­ment date. Judge Smith said “if there’s a part sus­pen­sion at least there’d be a def­i­nite re­lease date and there’d be a de­por­ta­tion af­ter that.

“I have read the de­po­si­tions and it doesn’t seem like an un­rea­son­able case against him,” he said.

But the judge added It­shaky was “per­fectly en­ti­tled to plead not guilty”.

The case was ad­journed to­mor­row.

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