Director of Public Prosecutions v Pusey (Ruling No. 2)
[2020] VCC 2122
•28 December 2020 via Webex
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-20-01316
| DIRECTOR OF PUBLIC PROSECUTIONS | Plaintiff |
| v | |
| RICHARD PUSEY | Defendant |
---
JUDGE: | JUDGE MORRISH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 28 December 2020 via Webex | |
DATE OF RULING: | 28 December 2020 via Webex | |
CASE MAY BE CITED AS: | DPP v Pusey (Ruling No. 2) | |
MEDIUM NEUTRAL CITATION: | [2020] VCC 2122 | |
RULING delivered ex tempore
---
Subject:Application by Prosecution to revoke bail
Catchwords: Application under s18AE of the Bail Act 1977– reckless conduct endangering life – reckless conduct endangering persons – committing an act that outrages public decency – possession of a drug of dependence – breach of conditions of bail – curfew – failure to answer at front door condition – family violence safety notice – concerns regarding escalating behaviour – concerns for welfare of accused and others – mental health
Legislation Cited: s18AE Bail Act 1977 (Vic)
Cases Cited:–
Ruling: Application for revocation of bail granted
---
APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr C McLennan | Chris McLennan & Co |
| For the Defendant | Ms R Harper | Office of Public Prosecutions |
HER HONOUR:
1I have before me an application under s18AE of the Bail Act 1977 (Vic) (“the Act”) to revoke the bail of Richard Paul Pusey, who has been committed to stand trial on Indictment No. L10984035 on one charge of reckless conduct endangering life, one charge of reckless conduct endangering persons, one charge of committing an act that outrages public decency and two charges of possession of a drug of dependence.
2The circumstances alleged in relation to those offences are well set out in the Summary of Prosecution Opening dated 13 December 2020. I do not propose to repeat the contents of that summary. A copy of the summary of prosecution opening will be attached to these ex tempore reasons as Annexure A.
3The conditions of bail to which the respondent was bound on 16 October 2020 included the following conditions:
(a) that he report to the Fitzroy Police Station every Monday, Wednesday and Friday between the hours of 6am and 9pm;
- there is no suggestion there has been any breach of that particular condition, and:
(b) that he reside at 101 David Street, Fitzroy
- there is no suggestion that he has breached that condition, although the respondent was recently issued with a Family Violence Safety Notice which would prevent him from residing at that address.
4There were other conditions to which I shall not now refer because it is not alleged that they have been breached but a curfew was imposed under condition (g) not to leave his place of residence between the hours of 9pm and 7am each day, and a condition (h), to present at the front door of the residence during curfew hours upon request of any member of Victoria Police.
5I have heard sworn evidence from Detective Senior Constable Aaron Price, who testified to a number of occasions where police attended the premises at which the respondent resides, mostly in response to complaints about noise or other poor behaviour. On all but one such occasion the respondent, Mr Pusey, failed to present at the door when required to do so. It is not known whether he was present at home on all of those occasions. However, it is confirmed that on at least some of the occasions he must have been present because he was either seen, or communicated with police via a mobile phone.
6Detective Senior Constable Price testified that the respondent's conduct seems to be escalating. The noise complaints are not the subject of any crimes, although they may constitute a nuisance. That is not really the issue. The real issue is that the respondent has failed to attend the front door when required to do so.
7On the most recent occasion, on 27 December at about 9.30pm, police were called to attend the address. There police are alleged to have witnessed some disturbing incidents, including that the respondent sent a number of text messages threatening to kill everyone, as well as making other threats. He did not present at the front door. It is alleged that he was seen putting a noose around his own neck, then around the neck of his wife, and then again over his own head, and that he then proceeded to stand on his rooftop and was only brought down after lengthy negotiations with police.
8He was taken to the St Vincent's Mental Health Unit for assessment. He was assessed to be fit to attend the Melbourne West Police Station for interview.
9He is now, as I understand it, about to face other charges arising from that incident yesterday on 27 December. It is anticipated that those charges will be filed later today. Those charges, as I understand it, will include common law assault, false imprisonment, and reckless conduct endangering serious injury.
10Detective Senior Constable Price is concerned that the respondent's behaviour seems to be escalating. He believes that the respondent seems to have a lack of respect for the police who attend at the premises, police who are only there to do their job. It is alleged that police received offensive text messages while attempting to secure the attendance of the respondent at his front door, including homophobic and racist remarks and other hate comments. It is no wonder that the police are concerned for the safety of the respondent's wife, as well as for the respondent’s safety, the safety of members of police, and the broader community.
11I have refused an application to adjourn this application for revocation of bail on the grounds that there does appear to be some urgency to the matter.
12I take into account that the respondent has a number of prior convictions and court appearances. Some of them relate to violence. Others relate to stalking, using a carriage service to menace, commit indictable offences whilst on bail, reckless conduct endangering serious injury, threat to damage property, contravene personal safety intervention orders and the like.
13It seems to me that the application to revoke bail should be granted for the reasons I have outlined. Although these are only allegations at this stage, they are most serious. I am concerned for the welfare of members of the public. I am concerned for the welfare of the respondent. I am concerned for the welfare of the respondent's wife. I am concerned that the respondent does not appear to respect the conditions of the bail that was granted to him.
14In those circumstances I revoke bail.
‑ ‑ ‑
IN THE COUNTY COURT OF VICTORIA CR-20-01316
AT MELBOURNE CRIMINAL JURISDICTION
IN THE MATTER OF Indictment Number L10984035 and
IN THE MATTER OF s.182 of the Criminal Procedure Act 2009
THE DIRECTOR OF PUBLIC PROSECUTIONS
v.
RICHARD PAUL PUSEY
SUMMARY OF PROSECUTION OPENING
Date of document: 13 December 2020
Filed on behalf of: The Director of Public Prosecutions Prepared by:
ABBEY HOGAN
Solicitor for Public Prosecutions 565 Lonsdale Street
Melbourne Vic 3000
Solicitor’s code: 7539
Telephone : (03) 9603 7666
Direct: (03) 9603 7687
Reference: J. Ong
1. The accused Richard Pusey was born on July 1978 and is 42 years of age. He drives a 2016 black Porsche 911 coupe Qld registration LLC001.
21 March 2020
2. Between 4.30pm and 5.40pm on 21 March 2020 the accused’s vehicle was captured driving on the Eastern Freeway in Kew at speeds of up to 300km per hour. Witness James Tsagros was driving behind the vehicle and captured the driving on his dash cam.1
1 J. Tsagros pg.43
3. The Porsche can be seen in the second lane from the left, weaving between other motor vehicles that were travelling at the posted speed limit in moderate traffic. When changing lanes, the accused did not indicate.2 His number plate was clearly visible in a still image taken from the footage.
4. Analysis of the accused’s mobile phone seized on 23 April 2020 revealed a series of messages commencing at approximately 5.47pm on 21 March 2020 and continuing throughout the evening. The messages were sent to his associates, telling them that he had just travelled along the Eastern Freeway at 300km per hour.3 (CHARGE 1 – RECKLESS CONDUCT ENDANGERING LIFE)
22 April 2020
5. On 22 April 2020 the accused was travelling inbound along the Eastern Freeway at Kew East in his black Porsche. Between 4.48 p.m. and 4.51 p.m. the accused was detected travelling at 149 kilometres per hour in a 100 kilometre an hour zone. 4 The speed of the accused was detected via a calibrated speedometer fitted to police motor vehicle 1QU5CY, a white 2019 Hyundai Santa Fe wagon. (CHARGE 2 – RECKLESS CONDUCT ENDANGERING PERSONS)
6. Victoria Police members LSC Lynette Taylor and Const. Glen Humphris were in the Santa Fe wagon and intercepted the accused driving the Porsche, pulling him over on the side of the Eastern Freeway just after the Bourke Road onramp at 4.51pm. Enquires made as to the registration of the vehicle revealed that it had an outstanding whereabouts and a call was made to Police communications to provide assistance.
7. LSC Taylor activated her body worn camera at 5.06pm while having a discussion with the accused.5.
2 Digital Exhibit 1 - dashcam footage
3 Digital Exhibit 2 – Message and Timeline Report
4 Exhibit 46 – Digital Speedometer Calibration Report, Exhibit 57 – Photobook C, Exhibit 36 – Body Worn Camera (BWC) footage LSC Taylor
5 Digital Exhibit 10 – BWC footage LSC Taylor
8. A preliminary breath test was conducted with the accused, which returned a result of
0.042 grams of alcohol in 210 litres of expired air (ie he was below the limit).6 The accused was invited out of his vehicle by police and a Preliminary Oral Fluid Test was conducted whilst he sat on the side rail. The Preliminary Oral Fluid Test indicated that there was methamphetamine and cannabis in the accused’s system.
9. The accused then provided a sample of saliva for analysis which LSC Taylor placed into 2 vials. At 5.35pm a second police unit arrived, being SC Kevin King and Const. Josh Prestney. They parked behind the first police vehicle in the emergency lane and both vehicles had blue and red flashing lights activated.
10. All four police members were standing outside their respective vehicles in the emergency lane of the Eastern Freeway between the passenger side of the police vehicles and the Armco railing.
11. While LSC Taylor was placing the saliva samples into the vials the accused walked away from the intercept location to urinate on the verge of the freeway behind the Armco railing. He was not in custody, was not under arrest and there was no impoundment underway.
12. Moments later a Volvo Prime Mover towing a double axle trailer driven by Mohinder Singh swerved into the emergency lane and collided with all four police members and all 3 motor vehicles.7
Scene of the Eastern Freeway Collision
13. The collision occurred at 5:36:24pm. The accused emerged from the bushes after the collision as seen on Dr. Andrew Tsoi’s dashcam footage, walking towards his vehicle as others run to SC King and Const. Prestney to render assistance.
14. At 5:38:21 the accused is observed entering the view of LSC Taylor’s body worn camera, less than 2 minutes after the collision.
6 Exhibit 31 – Dashcam – Peter Hellier and Digital Exhibit 10 – BWC footage LSC Taylor
7 Exhibit 8 Dashcam – Dr Andrew Tsoi
15. At 5:38:28 the accused went to his vehicle to retrieve his mobile phones and a ‘metro’ branded lunch bag.
16. At 5:38:35 the accused looked directly at LSC Taylor and said ‘there you go.’
Offending
17. At 5:38:43 the accused took photos of LSC Taylor and commenced the audio-visual recording which concluded 1 minute and 12 seconds later at 5:38:43pm.
18. The accused walked slowly and purposefully around the scene of the collision (firstly in an anti-clockwise direction and secondly in a clockwise direction) filming the scene, focusing and zooming in on the dead or dying police members at a close distance.
19. He took an image of the driver’s side of the Porsche depicting a close up view of LSC Taylor’s face and body on top of the vehicle, zooming in as she is moaning.
20. The camera then zooms out depicting the entirety of LSC Taylor’s body on top of the Porsche with her legs crushed by the truck. Her arm is observed hanging through the sunroof of the Porsche. The accused walks backwards and films the front of the truck on top of LSC Taylor. It shows the driver’s side of the truck and the damaged unmarked police vehicle. The accused comments “absolutely amazing”.
21. The accused walked to the front of the Porsche (in an anti-clockwise direction). LSC Taylor and Const. Humphris can be seen between the truck and the Porsche. Const. Prestney can be observed lying on the ground on the passenger side of the truck. The accused comments “look at that, look at that, isn’t it amazing”.
22. The accused walked to the passenger side of the truck. The footage depicts Dr Andrew Tsoi tending to Const. Prestney. SC King can be seen in the distance. The accused comments, “I think everyone got cleaned up, there’s four people. Four people, look at that”.
23. The camera then swings back to Const. Humphris who is lying on the ground but stuck between the truck and the Porsche. The camera zooms in on the upper body of Const. Humphris. The camera further zooms in on Const. Humphris’ leg injury (which is wedged between the bull bar of the truck and the Porsche). The accused comments, “look at that mate, look at that. Oh he’s smashed. Look at that. Look at that. Lucky I went and had a piss”.
24. The accused swings the camera back to Dr Andrew Tsoi who is tending to Const. Prestney on the ground. There is a substantial amount of blood on the ground in the area of Const. Prestney’s head. The accused commences walking down the passenger side of the truck. The accused comments, “I was doing 149 k’s an hour apparently”.
25. The accused walks past Const. Prestney and locates a Victoria Police device on the ground. He zooms in on the device stating, “Look at that, oh look there, there’s your little computer”.
26. The accused walks towards the rear of the truck and states, “look at that man, you fucking cunts. You cunts, I guess I’ll be getting a fucking uber home, huh”.
27. The accused approaches SC King who is lying off the road underneath the guard rail and says, “look at that”. The accused zooms in on SC King’s head injuries. There is a substantial amount of blood on the ground in the area of SC King’s head. The accused zooms out and says, “look at that” and takes footage of SC King’s leg injuries and says, “amazing, absolutely amazing”.
28. The camera then swings to the view behind the truck which depicts debris and papers scattered on the road.
29. The accused commences walking along the driver’s side of the vehicle towards the damaged unmarked police vehicle. He states, “look at that, look at that”. He zooms in on a Victoria Police bag and says, “it’s amazing man”.
30. The camera then turns to the damaged unmarked police vehicle and the accused states, “that is fucking justice, absolutely amazing. That is fucking amazing”.
31. At 5:42:20pm Guiseppe Colaci asked the accused for assistance in holding up a blanket to cover LSC Taylor. He says “hey mate, come here, come here, come .here, hold that up.” Rather than rendering assistance the accused again began his own recording.8
32. The second recording commences at 5:42:30pm and concludes 1 minute and 56 seconds later at 5:44:26pm.
33. The second recording commences with a view from the front driver’s side of the Porsche showing LSC Taylor on top of the vehicle whilst Colaci was trying to cover her body with a blanket.
34. The accused walks to the driver’s side of the truck (in a clockwise direction). The damaged unmarked police vehicle is observed. The accused walks towards the rear of the truck. The footage shows witness Bradley Kent-Robinson on the phone. Kent- Robinson points at the accused and shakes his hand. Kent Robinson says to the accused, “mate um, don’t …”.
35. The accused walks past Kent-Robinson and the focus of the camera is on SC King who is lying on the ground off the road at the rear of the truck. The accused walks directly up to SC King’s position on the ground and zooms in on his leg injuries. The camera zooms out and the accused says “look at that” and then zooms in on SC King’s head injuries. The accused comments, “wow, look at that”. The accused takes a sweeping view of the entirety of SC King’s body before swinging around to take a view of the passenger side of the truck.
36. The accused walks along the passenger side of the truck. The camera zooms out. In the distance Dr Andrew Tsoi can be observed tending to Const. Prestney. Singh is observed leaning against the guardrail. Singh can be heard wailing and saying “oh no, oh no”. The accused states, “it’s amazing”. The accused takes a few more steps and says, “where’s the ambulance, where is the ambulance, where is the emergency services?”
8 Digital Exhibit 11 – recording 1
37. The accused walks right up to Const. Prestney and zooms in on his head injury and name tag. The accused then zooms out.
38. A male’s voice can be heard, “you taking a photo? Oi”.
39. The accused walks to the passenger side of the Porsche. There are approximately five civilian witnesses rendering assistance to LSC Taylor and Const. Humphris. The accused walks right up to Const. Humphris and zooms in on his leg injury. Andre DiCioccio can be heard (telling the accused), “please …” as he pushes past the accused in an effort to assist Const. Humphris.
40. The accused says, “don’t have to hit me mate”. DiCioccio states, “I’m not hitting you, but come on, help me, let’s help these guys ok”.
41. The accused replies “they’re dead” and the camera zooms out to show an overall view of people rendering assistance.
42. The accused walks backwards and takes footage of the truck’s impact with the Porsche and Const. Humphris on the ground and LSC Taylor on the roof of the Porsche.
43. The accused then swings the camera around to the marked Highway Patrol car which is damaged on the centre median strip. The accused comments, “look at that, that’s fucking beautiful”. The accused zooms in on the police car and says, “bang, bang, bang. They got thrown all the way over there”.
44. The accused swings the camera back towards the truck and the Porsche and says, “and lucky I said excuse me a moment I’m just taking a piss, amazing”. The accused then zooms in one final time on the Porsche from directly in front. LSC Taylor can be seen on top of the Porsche partially covered by the blanket.9 (CHARGE 3: OUTRAGING PUBLIC DECENCY)
9 Digital exhibit 11 – recording 2
45. The 2 recordings made by the accused run for a total of 3 minutes and 8 seconds. Various witnesses noticed the accused’s behaviour at the scene. Dr. Andrew Tsoi stated that the accused was still filming as they were trying to treat the victims and he asked someone to tell the accused to stop filming and get his phone.10
46. Andre DiCioccio stated that ‘the accused was in the way of the doctors treating the victims and he pushed the accused out of the way.11
47. Guiseppe Colaci asked the accused to help protect one of the victims by holding up a blanket but the accused shrugged him off.12
48. James Cotter saw the accused recording on his phone, getting within a foot of one of the victims and then filming each of the others.13
49. The accused spoke to a passing motorist, Antoni Jancic, and asked for a lift. He was dropped at the corner of Alexandra Parade and Smith Streets.14
22 April 2020 – Medical Centre/Chemist Warehouse
50. The accused made his way to his GPs office where showed the graphic video footage to the receptionist and to his GP. He then showed the footage to 2 staff members in the adjoining chemist.15
22 April 2020 – Disseminating Photographs/Footage of the Scene
51. At 6.31pm the accused forwarded photographs (4) of the scene to Lynda-Elouise Hewitt.16
52. At 8.28pm the accused forwarded a photograph of the scene to Matthew Hanrahan.17
10 A. Tsoi pg.56-57
11 A. DiCioccio pg.68-72
12 G. Colaci pg.81-82
13 J. Cotter pg.121-122 14 A. Jancic pg.133-134 15 W. Khalil pg.210
16 L. E. Hewitt 242-245
17 M Hanrahan pg.211-212
53. At 8.42pm the accused forwarded a photograph of the scene to Hans Fan.18
23 April 2020
54. At 9.40am the following day, 23 April 2020, the accused attended at the Spencer Street Police Station where he provided a statement to police.
55. The accused was arrested later that day at his home. Police located 0.3g of ketamine and 0.4g of MDMA in the ‘Metro’ branded lunch bag he had removed from the Porsche.19 (CHARGE 4 – POSSESS DRUG OF DEPENDENCE (KETAMINE) and CHARGE 5 – POSSESS DRUG OF DEPENDENCE (MDMA))
56. He participated in a tape recorded interview at the Richmond police station during which he confirmed his earlier statement and told police:
a. He was pulled over for speeding, believes the allegation was that he was driving at 149kph (Q&A 29, 34);
b. He was in the bushes urinating when he heard a bang (Q&A 60-63);
c. He was ashamed of the video, it’s not nice, because he says horrible things (Q&A 172-180); and
d. The recordings “shouldn't be seen as - as - as being derogatory and horrible, it's - it - it - it sounds like and it is but that's how shit comes out of my head, I'm highly offensive” (Q&A 363).
[name deleted] Crown Prosecutor
18 H. Fan pg.208-209
19 Exhibits 23 and 24, Additional statement of J. Burke
ADMISSIONS SOUGHT
The following admissions are sought without the need for further proof:
1. The 2 videos which comprise Digital Exhibit 11 are admitted.
2. The body worn camera footage of LSC Lynette Taylor is admitted.
3. The drug analysis of J. Burke is admitted.
4. The Message and Timeline Report is admitted.
5. The Digital Speedometer Calibration Report is admitted.
6. The photos are admitted.
7. The record of interview, subject to edits as agreed or ruled upon, is admitted.
0
0
0