Police allege a probationary driver had been drinking, smoking cannabis, and was likely travelling at 100 km/h over the speed limi tbefore his friend died in a crash in Bendigo earlier this year.
Timothy Werps was allegedly behind the wheel of a Holden Commodore that slammed into a pole and a tree on McCrae Street about 3.11am on Monday, September 28.
Rear passenger Jye Eiffert, who was just weeks shy of his 17th birthday, was thrown from the vehicle and died at the scene, while an 18-year-old front passenger sustained serious injuries from which he was yet to recover.
Alleged details of the crash were read to the Bendigo Magistrates' Court on Friday during Mr Werps' application for bail.
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Detective Senior Constable Rayne Gray, from the Major Collision Investigation Unit, told the court that Mr Werps, the victims and a witness allegedly drank alcohol and smoked cannabis at an Epsom address on the evening of Sunday, September 27.
The group and another witness drove in Mr Werps' car to Woolworths, the court heard, during which time Mr Werps allegedly showed them the car had heavy steering.
Two witnesses described hearing a rattle or knocking sound from the exhaust.
The court was told Mr Werps and the group returned to the home and allegedly continued drinking.
It was alleged Mr Werps drove to Flora Hill to purchase drugs, and one of the passengers in the vehicle said he was travelling at 180 km/h to 200 km/h on the back roads to the address.
Detective Senior Constable Gray told the court that once back at the Epsom home, one of the witnesses took Mr Werps' keys but returned them after he allegedly became aggressive.
Mr Werps, the two victims and one of the witnesses decided to go into Bendigo, the court heard, but the witness changed his mind after considering Mr Werps' earlier driving.
Detective Senior Constable Gray told the court the vehicle left the home at 3.09am and multiple CCTV cameras captured it travelling at a fast speed towards Bendigo along the Midland Highway, Napier Street and McCrae Street.
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Shortly after 3.11am, when a CCTV camera filmed the vehicle passing the Caltex petrol station on McCrae Street, Mr Werps allegedly lost control of the vehicle.
It crossed the northbound lanes and hit a power pole - shearing it at the ground - on the passenger side and a tree, as well as fences and the rear of a parked vehicle.
Jye was thrown from the vehicle and died on the footpath, despite the efforts of witnesses and police.
The 18-year-old passenger was extricated from the vehicle and taken to Bendigo Health, where he underwent emergency surgery before he was flown to the Royal Melbourne Hospital.
He was treated there and the Epworth rehabilitation hospital, and was released less than three weeks ago.
The court heard Mr Werps got himself out of the vehicle and when a witness asked if he was OK, he allegedly replied, "My mate's on the pavement, I'm going to get done for culpable driving, I'm going to get 15 years... My mate's dead, my mate's dead".
He allegedly told police at the scene he was not driving and someone else had stolen the car with him in it, but witnesses reported seeing him exit the vehicle.
The court was told the vehicle was allegedly travelling between 138 and 166 km/h, most likely 160 km/h, before the crash, and between 103 and 131 km/h at the time of impact.
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Detective Senior Constable Gray said the driver had braked and oversteered, causing the vehicle to yaw and go into a slide.
Mr Werps was taken to hospital and a blood sample was taken, which allegedly gave his blood alcohol concentration at 0.164 and tested positive for cannabis.
He was arrested the next day and interviewed.
Initially he made no comment, but then told police he had to "come clean".
The court heard he admitted drinking on the night but could not remember using cannabis.
He told police that he estimated he was travelling at 120 to 130 km/h when he "felt the steering go", and that the car had had steering issues earlier.
But Detective Senior Constable Gray said a Victoria Police mechanic inspected the vehicle and found no mechanical faults or failures that would have contributed to the crash.
Mr Werps is charged with culpable driving causing death, negligently causing serious injury and dangerous driving causing serious injury.
Prosecutor Jessica Fallar said bail was opposed on the grounds Mr Werps posed an unacceptable risk of offending, endangering the safety of community members, and interfering with witnesses.
The court heard Mr Werps, days prior to the crash, had posted a video to social media that showed a vehicle's speedometer reading 133 km/h and police were made aware of comments on a social media post from people who alleged he always drank and drove, "drives like an idiot" and they would never get in a car with him.
Detective Senior Constable Gray said Mr Werps had driven at a "ridiculous" speed to buy drugs and his alleged actions on the night of the crash showed "complete disregard for the law and safety of the community".
She said Jye's family were opposed to bail and it would be heartbreaking for them to think of Mr Werps spending Christmas with his family while they were preparing for "the worst Christmas of their lives".
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The mother of the injured passenger also opposed bail, the court heard, and was concerned that her son, in his current state, would get into a car with Mr Werps again.
Mr Werps' mother gave evidence that she was willing to have him return to live at her home.
She and Mr Werps' father would be available to take him to appointments, she said, and her pastor had offered to take Mr Werps on for community work and mentoring if he were granted bail.
She said there would be no alcohol in the house, and she would report any bail condition breaches to police or Youth Justice.
She told the court that while she did not want her son in custody, she understood the devastation caused and if he had to be "locked away" to prevent that happening again, "that's what has to happen".
Defence lawyer Julian Murphy submitted that aside from the allegations, there was "nothing of substance" to suggest Mr Werps would engage in dangerous driving while on bail.
Mr Murphy said his client had significant support and stable accommodation available to him if released on bail and this had been his first time in custody, in more onerous than usual conditions, due to COVID-19.
He said any risk could be reduced to an acceptable level.
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But Ms Fallar said there was no issue with Mr Werps' ongoing detention, given the sentence he would face if found guilty, and the risk could not be reduced to an acceptable level.
She also submitted the defence had not shown the necessary compelling reasons for bail.
Magistrate Sharon McRae found there were compelling reasons to grant Mr Werps bail and she was satisfied appropriate bail conditions could ameliorate the risks.
She reminded Mr Werps that the crash had had "a profound effect" on the community and members of the public would be keeping a "firm eye" on him, so any missteps would be reported to police,
Mr Werps was released on bail with numerous conditions, including a ban on drinking, using illicit drugs and driving, a nightly curfew, thrice-weekly reporting to police, and a prohibition on contacting witnesses, the injured passenger or the victims' families.
He must also work with Youth Justice and will return to court before Ms McRae next month for a bail compliance review.
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