'Unacceptable risk': Porsche driver Richard Pusey refused bail - The Age

In her decision Ms Metcalf said she was satisfied that Mr Pusey’s lawyer had reached the threshold of compelling reasons for bail based on a combination of factors, “the chief of which is the likely delay in these charges being determined due to the ongoing pandemic”.

She said she believed there would be issues proving the more serious charges and said she held concerns any jail sentence he received would be shorter than time spent on remand.

“He is not charged with any offences relating to the deaths of the police officers nor does the informant allege Mr Pusey is responsible for or connected to the actions of the vehicle or its driver,” Ms Metcalf said.

“Nevertheless the charges before the courts are serious.”

“Mr Pusey is not charged with any offences for filming the scene. While his actions in seeking to record the scene were highly intrusive and morally repugnant, the filming was not illegal. The charge he does face was failure to render assistance.”

Ms Metcalf said it was difficult to make a definitive assessment about the strength of the prosecution case, and there were clearly “arguable issues in relation to many of the charges”.

She said a committal was unlikely until 2021 and a trial could be as late as 2022.

“This is a significant delay in the circumstances. Particularly when there is a prospect Mr Pusey may ultimately be acquitted of the more serious charges given issues that have been identified,” she said.

“Further in my view Mr Pusey would serve longer time in remand than any jail sentence he might receive.”

She said she believed Mr Pusey was not a flight risk and did not believe that he would contact witnesses, those being the civilians who attended the collision scene.

However, she said she did hold concerns about his risk of committing offences on bail and of endangering the safety and welfare of members of the public.

Richard Pusey is led from his home by police in Melbourne in April. Credit:AAP

“As well I am concerned about the prospect of drug and alcohol misuse and the risk that poses,” she said.

“It has a potential to undermine the effectiveness of treatment to improve and stabilise his mental health ... [he has a history of] concerning behaviour and volatility when those issues aren’t being addressed.”

She said the bail application had not substantially addressed what treatment or support Mr Pusey would seek to address these issues to stop his mental health deteriorating.

However she said she held concerns about Mr Pusey’s substance abuse, given the evidence of illicit drug use in the offending before the court and a “lengthy history of recreational drug misuse”.

She said his poor driving behaviour and risk taking attitude could endanger members of the public.

“My view is that Mr Pusey poses an unacceptable risk of committing offences on bail and of endangering the safety and welfare of members of the public,” she said.

“Bail is therefore refused.”

Mr Pusey, wearing the same grey jumper he was arrested in, remained expressionless during Thursday's hearing with his eyes closed at times.

Mr Pusey had been pulled over for allegedly speeding on the Eastern Freeway on April 22 when a semi-trailer ploughed into the emergency lane, killing four police officers.

As Leading Senior Constable Lynette Taylor was dying, her body camera captured Mr Pusey allegedly saying to her: "There you go. Amazing, absolutely amazing. All I wanted to do was go home and have my sushi ... Now you've f---ed my f---ing car."

Mr Pusey filmed the scene for a total of three minutes and eight seconds, zooming in on various aspects of the carnage while "continually making derogatory remarks in relation to what he was recording", the court heard in Monday's bail hearing.

He allegedly left without rendering assistance, taking with him two phones and a lunch bag from his car, in which police later found two ziplock bags which they believe contained methamphetamine.

During Monday's hearing the court was told Mr Pusey sent messages to a friend a month earlier, bragging about reaching speeds of 300km/h on the same road.

His prior convictions included a stint in prison after he let off a gas bottle in a Fitzroy bar because he had been refused service for being drunk.

The court heard that on March 21 this year, dash cam footage captured Mr Pusey’s car weaving into the innermost lane of the Eastern Freeway at high speed.

Messages obtained from Mr Pusey’s mobile phone show him bragging to a friend that day: ‘‘I did 300[km/h] in the [Porsche] Turbo S today, was amazing man".

Richard Pusey's lawyer, Vincent Peters, at the Magistrates Court on Monday.Credit:Eddie Jim

"Apparently it will do 350[km/h] and it’s coming," he said.

Several days earlier, Mr Pusey advised the same friend to get a ‘‘set of blinders’’. Detective Senior Constable Aaron Price from the homicide squad told the court said he understood ‘‘blinders’’ to be a device which purports to slow down or jam police speed guns.

Mr Pusey has received 13 penalty notices, 10 relating to excessive speed, which demonstrated he had "absolutely no regard for the safety of other road users and police", Senior Detective Price said.

Mr Pusey has a long list of prior convictions, which were detailed in court on Monday.

Richard Pusey.Credit:

Senior Detective Price said in one incident, Mr Pusey called a debt-recovery company and allegedly threatened the call taker, saying if she continued to call him he would hurt staff and her family.

He threatened to spray-paint the name of the company on his car and drive it down Bourke Street in what police believe was a reference to the actions of James Gargasoulas during the 2017 massacre. These threats were not reported to police.

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In September last year, he was convicted of offences in Brisbane after he became abusive on a Tiger Air flight from Brisbane to Melbourne, filming the cabin crew and saying to one woman: ‘‘F--- off, you fat cow’’. He had to be physically removed from the plane by police.

He was convicted of reckless conduct endangering serious injury after he opened a gas bottle inside the front door of a Fitzroy bar after he was refused service due to being drunk in December 2017.

Senior Detective Price said Mr Pusey "continually exhibits violent tendencies towards police and the public".

"He appears to take disturbing pleasure in causing other people fear and discomfort,’’ he said.

‘‘He takes his point of view and decides he will intimidate or harass or stand over to get his view across,’’ he said.

He said he believed Mr Pusey was at risk of harassing or intimidating witnesses, and could flee Victoria due to his significant wealth and ‘‘flagrant disregard’’ for court orders.

Mr Pusey’s lawyer Vincent Peters argued his client should be bailed and said Mr Pusey had been in a state of shock following the "horrendous crash" and didn't render assistance as there was a doctor at the scene.

However, Senior Detective Price said Mr Pusey's actions – filming "abhorrent" footage of the scene while making "derogatory" remarks - didn't reflect the actions of someone who was in shock.

New recruits Constable Josh Prestney and Constable Glen Humphris were killed alongside senior colleagues Leading Senior Constable Lynette Taylor and Senior Constable Kevin King.

Mr Pusey has been charged with numerous offences including driving at a dangerous speed, reckless conduct endangering life, failing to remain after a drug test, failing to render assistance and failing to exchange details.

He is also charged with the destruction of evidence and three counts of committing an indictable offence while on bail.

On Monday he was charged with three offences, including two counts of perverting the course of justice and one count of driving a motor vehicle while more than the prescribed concentration of drugs was present in his oral fluid.

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https://news.google.com/__i/rss/rd/articles/CBMiaWh0dHBzOi8vd3d3LnRoZWFnZS5jb20uYXUvbmF0aW9uYWwvdmljdG9yaWEvcG9yc2NoZS1kcml2ZXItcmljaGFyZC1wdXNleS1kZW5pZWQtYmFpbC0yMDIwMDUxMy1wNTRzcXQuaHRtbNIBaWh0dHBzOi8vYW1wLnRoZWFnZS5jb20uYXUvbmF0aW9uYWwvdmljdG9yaWEvcG9yc2NoZS1kcml2ZXItcmljaGFyZC1wdXNleS1kZW5pZWQtYmFpbC0yMDIwMDUxMy1wNTRzcXQuaHRtbA?oc=5

2020-05-14 01:25:33Z
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