A State coroner has made no adverse findings against police or road authorities over an ice-affected driver’s fatal crash after running over stop sticks in Dandenong North.
John Jacob Beirouti, 42 at the time, died after his SUV lost control on an uneven section of Stud Road and slammed into a median-strip tree and burst into flames early on Sunday 24 January, 2021.
Mr Beirouti was estimated to be travelling between 96km/h and 122 km/h in the 80 km/h zone.
Coroner Simon McGregor on 19 September found the Carnegie driver’s loss of control was caused by a combination of factors, including his SUV’s driver-side tyres being deflated by stop sticks.
The incident was the only fatality involving stop-sticks between 2016 and 2021, he stated.
Speeding, the driver’s methamphetamine intake, and a large depression in the road surface were also factors.
“It is not possible to ascribe with any certainty the relative contributions each of these factors made,” Mr McGregor stated.
“Safe to say that neither the undulations in the road surface nor the deflated tyres, operating in isolation, would have been sufficient to have caused Mr Beirouti to lose control of his vehicle.
“For the avoidance of doubt, I am not making any adverse comment or finding in respect of either Victoria Police or the Department of Transport.”
However, Mr McGregor recommended clearer guidelines on police pursuits and attempted intercepts.
Prior to the crash, Mr Beirouti was followed by police for about eight kilometres after he ran a red arrow at the corner of Stud and Ferntree Gully roads about 3.30am.
Under police protocols, stop-sticks were justified due to him being wanted for arrest over an intervention order breach in Narre Warren days earlier.
In 2017, he was jailed for family violence, burglary and drug-related offences. In 2020, his parole had been revoked due to family violence offences.
On 16 January 2021, Mr Beirouti had broken into his ex-partner’s house via a bathroom window in Narre Warren.
The woman had told police she was afraid for her life due to his escalating text messages, stalking, paranoid behaviour and drug-taking.
Mr Beirouti, who grew up in Dandenong North, Endeavour Hills and Western Australia, had shown promise as an Aussie Rules footballer.
He was described by family as “happy but paranoid” while on ice.
At the time, he believed the police were tracking and bugging him. He’d told his mother hours earlier that police were chasing him and he didn’t want to go back to jail.
Mr McGregor stated there was “ambiguity and a clear conflict” in Victoria Police’s pursuit and stop-sticks policies.
In this case, police were not justified to pursue the SUV but could authorise stop sticks.
However, during deployment of stop-sticks, back-up units were required to follow the car to arrest the driver.
“In my opinion, it is critical that there is clear and unambiguous policy surrounding Victoria Police’s conduct in respect of vehicle intercepts that may then escalate to either extended follows or pursuits.
“As experience shows, attempted intercepts are evolving, dynamic situations where human behaviour can be unpredictable, solely based on the presence and subsequent conduct of a police vehicle.”
Soon after their initial encounter at Ferntree Gully Road, police units called off a pursuit of the SUV but followed largely at a distance with lights and sirens off.
The first police car arrived about 21 seconds after the crash.
The SUV was driven mainly within the 80km/h limit but ran a further red light at Wellington Road and then accelerated.
Mr McGregor was satisfied that the stop-sticks were appropriately deployed at Brady and Stud Roads after a comprehensive risk assessment by a police supervisor.
The coroner also found the Stud Road surface was roadworthy for vehicles driven under normal conditions.
According to the Department of Transport, the two large undulations in the right lane of Stud Road were caused by “sinking” in the “old wetlands”.
The site had been posted with temporary signs warning of a ‘rough surface’ ahead of future resurfacing works.
