THE Crown has dropped a dangerous driving charge against a man it claimed had killed his passenger in a crash near Tamworth almost three years to the day of the death.
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Csaba Somogyi's trial was due to begin in Tamworth District Court on Monday but it won't proceed after the Director of Public Prosecutions (DPP) decided not to push ahead with it.
Somogyi - a Hungarian national and international businessman - was accused of driving dangerously and causing the death of his 49-year-old passenger during the Riverina Redneck Rally at Borah Creek, outside Manilla, near Tamworth, on March 5, 2020.
Crown prosecutor Kristy Mulley told the court on Monday morning "there's been a direction" from the head of the DPP that there be no further proceedings for the dangerous driving occasioning death.
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Instead, the Crown will prosecute a charge of negligent driving occasioning death for the crash in the local court.
The decision was made last week and the prosecutor and defence informed the court on Monday morning, both appearing via video link.
"The Crown's application is that charge be remitted to the Tamworth Local Court to fix a hearing date," Ms Mulley told the court.
There was no opposition from the defence. Somogyi has maintained his innocence since he was charged, pleading not guilty to both charges.
"No further action to be taken on the indictment," Judge Andrew Coleman said.
"I remit that to the local court at Tamworth."
But Somogyi's defence barrister Sebastian De Brennan said he intended to argue for costs for his client, given the lengthy legal battle. The charges have been listed for trial on two previous occasions but it was never reached.
Somogyi has been before the court since early 2020 after he was charged by the Crash Investigation Unit from Tamworth.
Mr De Brennan filed submissions to the court for costs and said he "just wanted to get something for the earliest opportunity".
Ms Mulley said she "had not had time to consider them".
Judge Coleman adjourned the argument for costs to May.
The Crown case was that Somogyi was driving a Volkswagen Golf hatchback too fast when it ran off the road and hit a tree near Borah Creek, north of Manilla, about 1pm on March 5, 2020.
The 49-year-old man died at the scene. Somogyi was also injured in the crash.
Somogyi and his passenger were taking part in the Riverina Redneck Rally at the time of the crash, which was raising funds for kids with cancer.
Somogyi has been on bail and recently had his conditions varied to allow him to travel to Hungary for business conferences before his trial.
He was ordered to return to Australia in January before his trial began.
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