Crash death accused: Parole issue raised
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 Mr Todman later submitted the application would be withdrawn, “but (Itshaky) still requires a trial listing”.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.