Prosecutors will again be able to pursue charges against trucking boss Simiona Tuteru, who was in charge of a driver who fatally crashed into four police officers on Melbourne’s Eastern Freeway.
Court of Appeal says judge's analysis may have been 'infected' by proceedingsAppeal justices David Beach, Kristen Walker and Lesley Taylor said Justice Lasry's analysis of the matter may have been "infected", because he believed the Director of Public Prosecutions had shown a "disrespectful attitude" towards the courts during the case.
"The conduct of the prosecution in this matter may have been suboptimal and inefficient, but it was far from oppressive."The appeal justices also said the DPP was not obliged to explain why it dropped the manslaughter charges against Mr Tuteru, given the "well-recognised constitutional division between the Crown and the Court".
Thursday's decision opens the door for the DPP to again prosecute Mr Tuteru, including for alleged breaches of the Heavy Vehicle National Law, which calls for those in charge to ensure risks to the public are minimised.The Office of Public Prosecutions and Mr Tuteru's lawyer have been contacted for comment.over the deaths of Leading Senior Constable Lynette Taylor, First Constable Glen Humphris, Senior Constable Kevin King and Constable Josh Prestney.
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