A trucking boss charged over the deaths of 4 Victoria Law enforcement officials in a horror freeway crash has had his case put completely on maintain due to “oppressive” misuse of courtroom processes by the state’s prosecutors.
Justice Lex Lasry blasted Victoria’s high prosecutor, Director of Public Prosecutions Kerri Judd SC, for her indifference and lack of respect in refusing to offer the courtroom with an evidence for repeated points within the case.
Simiona Tuteru was charged with manslaughter and breaches of heavy automobile legal guidelines in August 2020 over the deaths of Senior Constables Lynette Taylor and Kevin King, and Constables Glen Humphris and Josh Prestney in April that yr.
It was alleged Mr Tuteru, the supervisor of Join Logistics, allowed driver Mohinder Singh to get behind the wheel whereas fatigued and beneath the affect of medicine.
Prosecutors had been requested in October final yr to clarify precisely how they supposed to show manslaughter prices towards Mr Tuteru.
Six days later these prices have been dropped and Justice Lasry was instructed he would get no rationalization as to why.
He mentioned there had by no means been a viable case of manslaughter towards Mr Tuteru and that realization clearly dawned on the prosecution.
“There will be no different motive why this course was taken,” he mentioned.
He labeled Ms Judd’s determination to not define causes as exhibiting indifference and lack of respect.
“For my part the courtroom’s processes have been used oppressively and unfairly by the DPP at numerous phases of this case,” he mentioned.
“It’s a evident, oppressive misuse of the courtroom processes.”
He mentioned a everlasting keep was a uncommon and distinctive order however nothing wanting that would treatment this case.
Mr Tuteru’s barrister, David Hallowes SC, had argued that the prosecution had been a consistently evolving, movable feast.
Practically three years for the reason that incident and he nonetheless hadn’t been knowledgeable of the character and substance of the legal prices he was going through.
The most recent model of the indictment – a single cost – was filed on February 10 this yr.
Mr Hallowes argued that the dealing with of Mr Tuteru’s case introduced the legal justice system into disrepute.
Crown prosecutor Matthew Fischer, who was introduced on after the manslaughter prices have been dropped, had argued a everlasting keep utility shouldn’t be delivered to cope with instances the place a celebration had struggled to adjust to case administration procedures.
Justice Lasry mentioned it was way more severe than that and described their case as a “woeful state of affairs”.
