{"id":17818,"date":"2024-03-06T15:50:29","date_gmt":"2024-03-06T05:50:29","guid":{"rendered":"https:\/\/www.vibewire.com.au\/?p=17818"},"modified":"2024-03-06T15:50:37","modified_gmt":"2024-03-06T05:50:37","slug":"no-prison-sentence-for-trucking-boss-charged-over-melbournes-eastern-freeway-tragedy","status":"publish","type":"post","link":"https:\/\/www.vibewire.com.au\/?p=17818","title":{"rendered":"No prison sentence for trucking boss charged over Melbourne&#8217;s Eastern Freeway tragedy"},"content":{"rendered":"\n<p>A trucking boss has avoided a prison term, despite allowing a drug-affected driver to get behind the wheel in the lead-up to Melbourne&#8217;s Eastern Freeway tragedy where four police officers were killed.<\/p>\n\n\n\n<p>Simiona &#8220;Simon&#8221; Tuteru faced the Supreme Court in Melbourne on Wednesday, as he was sentenced for a breach of the heavy vehicle national law for recklessly exposing people to risk of death or serious injury.<\/p>\n\n\n\n<p>Tuteru was facing a maximum penalty of five years&#8217; jail, but was instead convicted and ordered to complete 200 hours of community work over the next three years.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/live-production.wcms.abc-cdn.net.au\/39264b39b857fbdbcc9554cd5d3e92b5?src\" alt=\"Four police officers who were killed in a highway crash in Melbourne.\"\/><figcaption class=\"wp-element-caption\">Constable Glen Humphris, Senior Constable Kevin King, Leading Senior Constable Lynette Taylor and Constable Joshua Prestney were killed in the Eastern Freeway crash.<em>(Supplied: Victoria Police)<\/em><\/figcaption><\/figure>\n\n\n\n<p>After the hearing, grieving families of the police officers killed in the 2020 incident expressed their anger at the sentence and the Victorian court system.<\/p>\n\n\n\n<p>&#8220;There is relief that after nearly four years, this has finally come to an end,&#8221; Andrew Prestney, the father of slain officer Josh Prestney told reporters.<\/p>\n\n\n\n<p>&#8220;There is also anger, dismay, disillusionment and disappointment at the sentence handed down today.<\/p>\n\n\n\n<p>&#8220;Victoria doesn&#8217;t have a justice system, it has a legal system where outcomes seem pre-determined, where the guilty have all the rights, the victims have none.&#8221;<\/p>\n\n\n\n<p>Mr Prestney said the families could not understand how Tuteru \u2014 who was the direct supervisor of truck driver Mohinder Singh \u2014 was spared jail, while a&nbsp;<a href=\"https:\/\/www.abc.net.au\/news\/2024-01-23\/connect-executive-jailed-eastern-freeway-fatal-police\/103380902\">company executive in Sydney was ordered to spend up to three years in jail<\/a>.<\/p>\n\n\n\n<p>On April 22, 2020, Tuteru met with Singh, who informed his boss that he thought he had been cursed by a witch.<\/p>\n\n\n\n<p>Tuteru searched Singh&#8217;s car, telling him &#8220;witches leave items behind like voodoo dolls and hair&#8221;, before praying with the driver and letting him know that he had cast the spell out of him.<\/p>\n\n\n\n<p>&#8220;It appeared Singh believed that you had cleansed his spirit and rid him of the curse,&#8221; Justice James Elliott said.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">&#8216;Utterly tragic&#8217; event has changed lives irreversibly<\/h2>\n\n\n\n<p>Singh, who was sleep-deprived and had been taking methamphetamine for days, then drove his truck and fell asleep at the wheel, crashing into the officers.<\/p>\n\n\n\n<p>Leading Senior Constable Lynette Taylor, First Constable Glen Humphris, Senior Constable Kevin King and Constable Josh Prestney were standing in an emergency lane of the Eastern Freeway, having pulled over a speeding driver.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/live-production.wcms.abc-cdn.net.au\/169927d6a153c0489ed5a14235712b4a?impolicy=wcms_crop_resize&amp;cropH=1697&amp;cropW=2538&amp;xPos=162&amp;yPos=8&amp;width=862&amp;height=575\" alt=\"Crash on Eastern Freeway\"\/><figcaption class=\"wp-element-caption\">The four officers killed had been responding to a speeding driver on the Eastern Freeway.<em>(AAP: Scott Barbour)<\/em><\/figcaption><\/figure>\n\n\n\n<p>Their deaths represented the largest loss of life for Victoria Police during a single incident.<\/p>\n\n\n\n<p>&#8220;The surrounding circumstances of this case are utterly tragic,&#8221; Justice Elliott said, adding that the crash had had a &#8220;life-changing and irreversible impact&#8221;.<\/p>\n\n\n\n<p>Still, the judge said, he did not believe Tuteru had shown &#8220;total indifference&#8221; to Singh&#8217;s condition and had genuinely believed the man was fit to drive after their meeting.<\/p>\n\n\n\n<p>Tuteru, a devout Christian, was described as &#8220;a person of good character&#8221; by Justice Elliott, who said he had no criminal record and strong prospects of rehabilitation.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/live-production.wcms.abc-cdn.net.au\/693afa61d466f5d599ad9b421e45523c?impolicy=wcms_crop_resize&amp;cropH=3037&amp;cropW=4556&amp;xPos=0&amp;yPos=0&amp;width=862&amp;height=575\" alt=\"Alex Prestney wearing a police uniform walking next to Belinda and Andrew Prestney outside court.\"\/><figcaption class=\"wp-element-caption\">The family of Joshua Prestney expressed their anger and disappointment over the sentencing.<em>(AAP Image: Joel Carrett)<\/em><\/figcaption><\/figure>\n\n\n\n<p>The court heard Tuteru continued to pray for the victims&#8217; families \u2014 something Mr Prestney said was &#8220;absolutely, totally absurd&#8221;.<\/p>\n\n\n\n<p>Mr Prestney paid tribute to the Victoria Police officers who investigated the crash, thanking them for their &#8220;professionalism and unwavering determination&#8221;.<\/p>\n\n\n\n<p>&#8220;And finally to Josh, your life was a blessing, your memory a treasure, you are loved beyond words, and missed beyond measure.&#8221;<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Legal delays taken into account by sentencing judge<\/h2>\n\n\n\n<p>Tuteru&#8217;s case has been impacted by numerous legal delays during the last four years, which was another factor the judge considered when imposing his sentence.<\/p>\n\n\n\n<p>Tuteru initially faced more serious charges of manslaughter,&nbsp;<a href=\"https:\/\/www.abc.net.au\/news\/2022-10-28\/simiona-tuteru-manslaughter-charges-dropped-eastern-freeway\/101590656\">but those were eventually dropped by prosecutors in the Supreme Court with little explanation, prompting then-judge Lex Lasry to describe the situation as &#8220;unsatisfactory&#8221;<\/a>.<\/p>\n\n\n\n<p>Justice Lasry later&nbsp;<a href=\"https:\/\/www.abc.net.au\/news\/2023-03-03\/police-death-tragedy-eastern-freeway-truck-boss-permanent-hold\/102051568\">put a halt on the heavy vehicle charges against Tuteru after further legal delays<\/a>, labelling the prosecution a &#8220;misuse&#8221; of the court process.<\/p>\n\n\n\n<p>That decision was overturned by the Court of Appeal, and Tuteru was again charged by prosecutors, eventually agreeing to plead guilty late last year.<\/p>\n\n\n\n<p>Tuteru, 52, made no comment as he left court on Wednesday.<\/p>\n\n\n\n<p>Earlier this year, Tuteru&#8217;s Sydney-based colleague Cris Large was jailed for up to three years. Large falsified time sheets, and failed to ensure drivers managed their fatigue and that safety measures were followed.<\/p>\n\n\n\n<p>The truck driver,&nbsp;<a href=\"https:\/\/www.abc.net.au\/news\/2022-08-25\/mohinder-singh-truck-driver-police-officer-eastern-freeway\/101370328\">Singh, was originally ordered to serve 22 years behind bars but had his sentence cut to 18-and-a-half years<\/a>&nbsp;because he agreed to testify against Tuteru.<\/p>\n\n\n\n<p>Victoria Police declined to comment on the case on Wednesday.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A trucking boss has avoided a prison term, despite allowing a drug-affected driver to get behind the wheel in the lead-up to Melbourne&#8217;s Eastern Freeway [&hellip;]<\/p>\n","protected":false},"author":20,"featured_media":17819,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[3361,273,163,5],"tags":[9,993,4372,7],"class_list":["post-17818","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-australasian-railways-association","category-australia","category-rail-industry-news-australia-new-zealand","category-transport","tag-freight","tag-melbourne","tag-rogue-trucks","tag-transport"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts\/17818","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/users\/20"}],"replies":[{"embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17818"}],"version-history":[{"count":1,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts\/17818\/revisions"}],"predecessor-version":[{"id":17820,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts\/17818\/revisions\/17820"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/media\/17819"}],"wp:attachment":[{"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17818"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17818"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17818"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}