Temora crash accused Jack Astill, charged with dangerous and predatory driving, wasn't driving, lawyer tells court

Jack Astill, 19, appeared before Magistrate Don McLennan via Audio-Visual Link (AVL) from the management unit at the Junee Correctional Facility with his solicitor Ms Emma Carruthers submitting her client had not been the driver of the vehicle that caused the accident.

Astill has been charged with dangerous driving occasioning grievous bodily harm; drive manner dangerous (two counts); fail to stop and assist after vehicle impact causing grievous bodily harm; cause bodily harm by misconduct; in charge of motor vehicle, predatory driving and; learner not accompanied by driver/police officer/tester.

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Shirtless on the screen Astill sat and listened as his solicitor put forward that the witness from the scene of the accident should not be believed as they had lied and the driver of the vehicle involved in the accident is "on the run".

"He was the passenger, not in the Mitsubishi where the injured passengers were but in the car, his car that he sold," Ms Carruthers said.

Police prosecutor Jozef Pinkerton went on to explain there were people prepared to come forward and provide a statement as well as a number who are not, including members of Astill's family.

"Police have spoken to a (witness), who indicated he does not wish to be involved," Mr Pinkerton said.

Magistrate McLennan asked Mr Pinkerton if the police still believed Astill was driving.

"Is it the police intention still that this person was driving the vehicle?"

"Yes, yes it is," Mr Pinkerton replied.

Mr Pinkerton went on to say police had obtained a copy of a statement from (a witness), the passenger in the vehicle struck, who maintains he observed another person as the driver.

"In that light, our submission hasn't changed," Mr Pinkerton said.

Ms Carruthers responded by claiming that one of the witnesses was the driver of the vehicle struck who should not be relied upon as a witness.

"My submissions will be that (the witness) has the motivation to lie, it is my place that he was in fact driving the other vehicle at the time of the collision," Ms Carruthers said.

Mr Pinkerton however, refuted this, saying there are photographs that show a seatbelt bruise as a result of the accident going from the left to the right of (the witness's) body, as would occur if he was in the passenger seat, not right to left which would occur if he was the driver, therefore the prosecution sees (the witness) as a reliable witness.

Ms Carruthers also submitted that it was difficult to ascertain the full circumstances of the incident with the second person in Astill's vehicle still being "on the run".

"(He) is still on the run according to the information we have available to us," Ms Carruthers said.

Astill's mother witnessed him get out of the passenger side of the vehicle when he arrived home after the accident Ms Carruthers also submitted.

Mr Pinkerton in his response stated there was no material evidence.

"Your Honour, firstly I submit that there's no material information supporting bail that was not in the previous application," he said.

Magistrate McLennan, in considering the application, read through a statement of police facts that had been submitted to the court at the previous bail application in Wagga Local Court which was adjourned to Young so extra information could be obtained.

Magistrate McLennan said he believed the information provided did not reach the threshold to approve the application and denied Astill bail.

He will next appear in Young Local Court on January 30.

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