The boss of a Cranbourne truck-driver who fatally struck down four police officers has been granted a permanent stay from prosecution in the Supreme Court of Victoria.
On 3 March, judge Lex Lasry granted the stay after what he termed a “glaring and oppressive misuse of the court process” by prosecutors against the accused Simiona Tuteru.
A supervisor at Lyndhurst-based Connect Logistics, Mr Tuteru had been initially facing four manslaughter charges – as well as 72 charges under the Heavy Vehicle National Law – over driver Mohinder Singh’s fatal crash on 22 April 2020.
That evening, Singh’s heavy vehicle crashed into two parked police cars and an intercepted Porsche on the side of the Eastern Freeway, killing police officers Lynette Taylor, Glen Humphris, Kevin King, and Joshua Prestney.
Two and a half years on, the Director of Public Prosecution dropped the manslaughter charges against Mr Tuteru after Justice Lasry raised questions about its case.
“I was informed that no explanation would be provided to the court and that the (DPP) did not feel that one was called for,” Justice Lasry stated.
“The indifference to, and lack of respect for, the court that attitude expresses is significant.”
The DPP went ahead with new charges under Heavy Vehicle National Law (HVNL) that were “fundamentally altered on several occasions”, Justice Lasry stated.
Mr Tuteru’s barrister David Hallowes SC submitted the prosecution was a “constantly evolving, moveable feast”.
After three years of “relentless deviations and variations” to his case, his client was still not informed on the “nature and substance of the criminal charges he faces”.
Justice Lasry ruled that it was “unfair” to proceed with a fourth attempted indictment against Mr Tuteru.
He described the prosecution’s pursuit of manslaughter charges for more than a year “when it must have known there was no viable case” as a “glaring and oppressive misuse of the court process”.
“In my opinion, the court’s processes have been, at a minimum, used oppressively and unfairly by the Director of Public Prosecutions at various stages of this case.”
Justice Lasry said this outweighed the considerable public interest in proceeding to trial.
“At some point, the court must draw a line in order to protect its process from the prospect of ongoing abuse.”
He said if not for the DPP’s handling of the case, the charges could have been heard in a magistrates’ court two years ago.
Asked if the DPP would appeal, a spokesperson stated after the hearing: “We are considering our position with respect to that matter, and have no further comment to make at this time.”
In 2021, Singh pleaded guilty to culpable driving whilst under the influence of drugs, as well as to trafficking cannabis, methylamphetamine and 1,4-butanediol and possessing diazepam.
After he appealed against his initial sentence, Singh was jailed for 18-and-a-half years, with a non-parole period of 14-and-a-half years.
