Millionaire Porsche driver accused of taunting a dying police officer after a horror smash that shocked Australia will be forced to defend charge that hasn't been used for 400 YEARS
Millionaire businessman Richard Pusey will be forced to defend an ancient charge at trial after losing a court bid to have it thrown out.
Pusey, 41,appeared via videolink on Wednesday in a Melbourne court where he was told he would face a jury over a charge that hasn't been used since the 1600s in England.
Pusey is thePorsche driver accused of filming a dying police officer after a horrific crashthat killed four police officers.
Pusey had avoided the crash that killed the officers after he jumped the fence to urinate.
'Amazing. Absolutely amazing. All I wanted to do was go home and eat my sushi and now you have f**ked my f**king car,' Pusey was allegedly heard to say as Leading Senior Constable Lynette Taylor lay dying.
Before today, Pusey had faced 16 charges - four of which were discharged by Magistrate Donna Bakos after she ruled a jury could not find him guilty of them.
The charges included failing to render assistance after a crash, destroying evidence and two charges of perverting the course of justice.
But Pusey failed in his efforts to have charges of recklessly conduct threatening serious injury, reckless conduct endangering life and drug possession withdrawn.
He also failed in overturning the ancient charge of outraging public decency.
Pusey, who is appearing at the Melbourne Magistrates' Court, is expected to again apply for bail at the conclusion on today's hearing.
He has been behind bars since April when atruck crashed into four officers after they pulled him over for allegedly driving at 149km/h in his Porsche 911 with cannabis and ice in his system.
The three male officers were already dead when Pusey allegedly began filming.
Top Melbourne barrister Dermot Dann, QC, who appears for Pusey, had claimed no jury could find his client guilty on most of the charges laid by police.
'On any objective basis at a matter of law ... this man has been seriously overcharged,' he said.
'This court in this committal process can't just be a rubber stamped sort of process where a person is seriously overcharged with charges that can't be made out legally or factually.'
In calling last week for a swag of charges against Pusey to be dumped, Mr Dann lashed out police and prosecutors for persisting with them, claiming they had noobjective or lawful legal basis.
In June, police hit Pusey withan offence that has never been used in Australian history.
Mr Dann had argued he could not find the charge 'framed' this way in hundreds of years of Australian legal history.
'It can't be made out legally. It can't be made out factually,' he said. 'Even more fundamentally, any court dealing with that charge would have to be satisfied that if that charge ever existed in this country, it still exists in this country.'
Mr Dann said his legal team had not been able to find any reported cases of the charge in 'hundreds of years of legal history' in Australia.
The court had heard police claimed a combination of speed, his decision to leave the scene of the crash, the removal of personal items from his wrecked car and deletion of the offending video justified those charges.
Mr Dann argued Pusey had only deleted the video after receiving legal advice to do so.
By then, he had already provided it to a federal police officer.
Mr Dann said Pusey had only deleted the footage because he was ashamed and had been advised to do so.
The court heard several other people who took footage at the scene - including one who deleted the footage - had not been charged with any offences.
Ms Bakos was told some of the charges related to evidence Pusey gave to police after they had told him it would be inadmissible in court.
'We can't use this against you in court,' Pusey was told.
At the time, Pusey was under the impression he was only to be interviewed as a witness to the crash rather than an offender.
Mr Dann argued the removal of a bag and mobile phone from Pusey's wrecked vehicle had nothing to do with an attempt to pervert the course of justice.
The charge holds a maximum prison sentence of 25 years if proven.
Mr Dann previously said Pusey would likely plead guilty to charges if police withdrew some of them.
The court has heard Pusey had been co-operative with police after they pulled him over on April 22 on Melbourne's Eastern Freeway amid allegations he was speeding.
Mr Dann said Pusey's behaviour toward Leading Senior Constable Taylor had been conducted in a 'good natured way' before the truck hit.
'There was laughing between them. This can be seen. There is evidence of Mr Pusey describing Leading Senior Constable Taylor as being lovely and nice. And this is in the immediate aftermath of this filming,' Mr Dann said.
'It's no part of the defence case that there can be some kind of characterisation of this whole event as Mr Pusey being angry with the individual officers that he was dealing with at the scene. We say that's not part of our case and it's not the evidence.'
Mr Dann said his client had not argued with police and said the prosecution agreed too that Pusey had not taunted the dying officer.
'He cannot be described as taunting any of the police officers,' he said.
The driver of the truck, Mohinder Singh, was charged with four counts of culpable driving and an array of other drug charges.
Police allege that Singh, who also remains behind bars, was affected by illicit drugs and fatigue when he got behind the wheel of the truck on April 22.
The manager of the trucking company, Simiona Tuteru, has also been charged with four counts of manslaughter.
The hearing against Pusey continues.