A trucking boss charged over the deaths of four police in a horror freeway crash has had his case put permanently on hold because of “oppressive” misuse of court processes by the state’s prosecutors.
Supreme Court judge Lex Lasry blasted Victoria’s top prosecutor, Director of Public Prosecutions Kerri Judd, SC, for what he described as her indifference and lack of respect in not providing the court with an explanation for repeated issues in the case.
Simiona Tuteru arrives at court in 2020.Credit:Simon Schluter
Simiona Tuteru was charged with manslaughter and breaches of heavy vehicle laws in August 2020 over the deaths of Senior Constable Kevin King, Leading Senior Constable Lynette Taylor and constables Glen Humphris and Josh Prestney on Melbourne’s Eastern Freeway in April that year.
It was alleged Tuteru, the manager of Connect Logistics, allowed driver Mohinder Singh to get behind the wheel while fatigued and under the influence of drugs.
Prosecutors had been asked in October last year to explain exactly how they intended to prove manslaughter charges against Tuteru. Six days later those charges were dropped and Lasry was told he would get no explanation as to why.
He said there had never been a viable case of manslaughter against Tuteru and that realisation had obviously dawned on the prosecution.
“There can be no other reason why this course was taken,” he said.
He labelled Judd’s decision not to outline reasons as showing “indifference” and a “lack of respect”.
“In my opinion the court’s processes have been used oppressively and unfairly by the DPP at various stages of this case,” he said. “It is a glaring, oppressive misuse of the court processes.”
Senior Constable Kevin King (left), Constable Josh Prestney, Leading Senior Constable Lynette Taylor and Constable Glen Humphris were killed on the Eastern Freeway in 2020.Credit:Victoria Police
He said a permanent stay was a rare and exceptional order but nothing short of that could remedy this case.
Tuteru’s barrister, David Hallowes, SC, had argued that the prosecution had been a constantly evolving, moveable feast.
The latest version of the indictment – a single charge – was filed on February 10 this year.
Hallowes said the handling of Tuteru’s case brought the criminal justice system into disrepute.
Crown prosecutor Matthew Fischer, who was brought on after the manslaughter charges were dropped, had argued a permanent stay application shouldn’t be brought to deal with cases where a party had struggled to comply with case management procedures.
Lasry said it was much more serious than that and described the case as a “woeful state of affairs”.
AAP
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