By Cam Lucadou-Wells
A man charged over an alleged hit-run crash in Noble Park on Thursday 22 May has been bailed due to a lack of evidence that he was the driver, a magistrate has found.
Joshua Saunders, 27, denied he was the driver at a bail hearing at Dandenong Magistrates’ Court, where he faced charges such as dangerous driving causing serious injury and bail offences.
He and a 22-year-old Melton woman were arrested after a grey Ford hatchback and a grey Volkswagen Golf were allegedly ‘racing’ on Princes Highway and ran a red light at the Eastlink on-ramp intersection about 2.30pm, police say.
The Ford struck a male motorcyclist, resulting in him being hospitalised with a fractured lower leg. The “full extent” of his injuries were unknown, a police prosecutor told the court.
A witness parked her truck near the rider to protect him and gave first aid, the court heard.
Eyewitnesses say occupants including Saunders were in the Ford, but couldn’t confirm who the driver was.
Three or four of the occupants fled the scene, the court heard.
Saunders allegedly stayed, offloading items from the Ford into the Golf. He was arrested with his co-accused girlfriend standing nearby.
Police claim that Saunders was found with cannabis and the Ford car keys – which he said he put in his pocket after the collision.
“I wasn’t driving, Your Honour,” Saunders told magistrate Gregory McNamara.
After his arrest, Saunders tested positive for meth during an oral-fluid test but allegedly refused to offer a blood sample.
Saunders’ other charges included recklessly causing serious injury, committing an indictable offence on bail, failing to answer bail, possessing cannabis, failing to assist at a serious-injury accident, refusing to provide a blood sample, cannabis possession, running a red light and negligently dealing with proceeds of crime.
Police opposed bail, arguing there was no compelling reason for Saunders’ release and that he was an unacceptable risk to public safety.
Senior Constable Kerrie Adams, of Greater Dandenong Highway Patrol, said she was concerned by his history of driving suspended and his “tendency to be in stolen vehicles and propensity for drug taking and possession”.
At the time, there were five outstanding warrants for contravening community correction orders and failing to appear at court on 13 May.
He allegedly told police that he’d been given the wrong court date, the court heard.
Saunders was on bail at the time on charges of threatening serious injury during a group’s aggravated carjacking of an Uber Eats driver, drug possession, driving while suspended, and theft of two motorcycles and two cars.
Sen Const Adams said Saunders’ priors included driving while suspended or disqualified, drug driving, breaching CCOs and intervention orders, drug possession, indictable offences on bail and threatening to kill.
Police were still doing checks on who owned the Ford, which had no rego plates.
“At this stage we believe the vehicle was not stolen.”
Saunders’ defence lawyer said the prosecution case was “inherently week” with “a paucity of information to substantiate some of these serious charges”.
He had a valid probationary licence at the time, with a “good commitment to bail” having complied with appointments on the CISP bail program.
He had one prior for failing to answer bail and one missed court date in the past six years, she argued.
The “exceedingly vulnerable young man” had an “incredibly tragic” and profoundly disadvantaged upbringing of “considerable tumult and trauma”.
Since February, he was being treated for serious mental health issues such as ADHD, borderline personality disorder, PTSD and reactive attachment disorder.
The lawyer said he had a stable home with a friend in Hallam but couldn’t remember the street number. He also had access to three nights’ emergency accommodation through a support service.
Magistrate Gregory McNamara said the alleged driving was “outrageous” and “extraordinarily reckless and irresponsible”.
It was difficult to imagine the pain and upset for the victim, he said.
Saunders had considerable driving priors, including drug driving, but not of speeding or of the type of reckless behaviour in the current matter.
Ultimately, Mr McNamara said he granted bail due to the insufficient evidence that Saunders was driving.
Saunders was bailed to appear at a filing hearing at Melbourne Magistrates’ Court on 30 May.
His bail conditions include weekly reporting to police, 24-hours to report any change of address, not to associate with his co-accused girl friend and not to drive.
