Friday,
25 April 2025
Discharge application refused for man charged after Cowra fatal

The Local Court has rejected an application to have a Cowra man discharged from charges relating to a fatal accident between his vehicle and a mini bus in December last year.

Counsel for Scott Death made the application when he appeared in the Cowra Local Court on Wednesday, July 24.

The application came after counsel for the Director of Public Prosecution (DPP) made an application for the case to be adjourned.

The DPP wanted more time to study the evidence provided to it by police.

Wednesday, July 24 was the second occasion the prosecution had asked for an adjournment placing it outside the normal six months given for it to provide the court with charge certification.

A charge certificate shows all the offences the prosecutor intends to proceed with if the case goes to trial.

Death has been charged with dangerous driving occasioning death - drive manner dangerous, cause bodily harm by misconduct - in charge of motor vehicle, negligent driving (occasioning death) and two counts of knowingly make false/misleading statement.

Counsel for the DPP, Ms Alaymar told the court further charges are now likely, including a charge of pervert the course of justice.

Ms Alaymar told the court the DPP had been served with more than 900 pages of evidence, more than 700 pages of photos, four hours of police body worn video footage and several hours of CCTV footage.

A patron of the Cowra Bowling Club, a 84-year-old man died in the accident between Death's vehicle and a mini bus on Fitzroy Street in Cowra last December 16.

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The club's courtesy bus driver, a 61-year-old woman and four other passengers on the mini bus - two men aged 41 and 78 and two women, aged 55 and 60 - were injured with three taken to Cowra Hospital and a fourth airlifted to Orange Base Hospital for further treatment.

Death's counsel, Ms Cooper, opposed an adjournment and asked for her client to be discharged arguing "this is the second adjournment" claiming the proceedings were causing her client and his family anxiety.

"It is in the interests of justice," Ms Alaymar said of the DPP application for another adjournment.

"These are serious indictable offences that relate to the death of a person. It is very much in the public interest to proceed," she said.

It is very much in the public interest to proceed

DPP Solicitor Ms Alaymar

Rejecting the application to discharge Death, magistrate Rana Daher adjourned the matters until September 4, 2024.

"There is no doubt the nature of these charges is serious. In the interests of justice it is appropriate for the matter to continue," Ms Daher said.

An application from Ms Cooper for costs relating to Wednesday's proceedings was held over until September 4.

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