TEENAGE crash victim Stephen Rushby will not be farewelled with a funeral if his brother is not released from jail for the day to grieve with loved ones, his devastated family has vowed.
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Stephen, 13, died when the car his older brother, 19-year-old Jake Rushby, was driving lost control and crashed into a tree near The Rock on Sunday.
Jake has been behind bars since police arrested and charged him with negligent driving occasioning death, unlicensed driving and driving an unregistered vehicle late Sunday night.
Rocked by the double burden of losing one son, the close-knit Rushby family is now fighting for Jake to be granted bail to attend Stephen’s final farewell.
"The funeral just won't go ahead unless Jake is with us,” sister Jessica said.
"We need him here to be able to grieve properly as a family. If he had hurt anybody else we would understand but this is his brother.”
A petition has been launched on GoPetition to put pressure on authorities for a day release.
Jake is due to next front court on June 6 – a term his family believes only compounds the grief he already feels at killing his brother.
"We won't lay Stephen to rest until we have them both there,” Jessica said.
"We can't say goodbye until we have Jake with us.This is a situation where surely some compassion can be shown. He needs us, we need him. We need to be able to grieve together as a family."
As the Rushby’s band together, a GoFundMe account is raising money to assist in funeral expenses.
The account has raised more than $2480 in just three days.
As tributes left to Stephen at his much-loved Ashmont skate park continue to grow, his family are hoping their one last wish can be granted.
"We only want people who knew Stephen or know the family at the funeral (if it goes ahead),” Jessica said.
"We want adults to wear black and kids to wear bright colours.”
Tributes have flowed on social media in support of Jake’s release so that the Rushby’s can grieve as a family.