A MAN accused of driving at police officers in Echuca has pleaded guilty to a single charge of unlicensed driving after a magistrate struck out six offences.
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Magistrate Russell Kelly determined there was insufficient evidence to convict 35-year-old Anthony Firebrace on charges of intentionally and recklessly exposing an emergency service worker to risk by driving.
Mr Kelly made the determination on Monday during a committal hearing at the Bendigo Magistrates' Court.
Read more court: Bendigo man's hearing adjourned after yelling at magistrate
Police alleged Mr Firebrace drove into two police cars at Wilson Court in Echuca on March 31 this year.
The court heard there were two police officers standing alongside his car during the alleged incident, while a third officer was in a marked police vehicle parked in front of Mr Firebrace's car.
The three officers gave evidence to the court on Monday.
Leading Senior Constable Paul Kervin told the court Mr Firebrace was slumped in the car and acting dazed when officers arrived to perform a welfare check.
The officer said he recognised Mr Firebrace but the 35-year-old did not follow their instructions to exit the vehicle.
Leading Senior Constable Kervin said he returned to his police car, which was parked facing the bonnet of Mr Firebrace's car, when the accused turned the vehicle on.
The court heard Acting Sergeant Scott Jones was standing next to driver's side door of Mr Firebrace's car, while First Constable Milly Osborne was at the passenger's side.
Acting Sergeant Jones told the court he started hitting the driver's side window with a baton to try and stop Mr Firebrace from leaving.
The acting sergeant said Leading Senior Constable Kervin drove his car forward in an attempt to box Mr Firebrace in.
But Acting Sergeant Jones gave evidence that Mr Firebrace proceeded to drive into that marked police car before reversing into a second marked police car that was parked behind his vehicle.
The acting sergeant said Mr Firebrace then drove forward again, before driving back onto the nature strip and speeding away.
First Constable Osborne told the court she stepped away from the vehicle and onto the nature strip when the car started moving.
Acting Sergeant Jones said he remained at the driver's side door because he believed Mr Firebrace was concealing items in his car.
Defence counsel Markorius Habib told the court there was insufficient evidence for the prosecution to prove that Mr Firebrace intended to expose the three officers to risk.
Mr Habib said the reckless conduct charges could also not be made out because Mr Firebrace was trying to leave the scene rather than drive at the officers.
Prosecutor Ashlea Patterson submitted that Mr Firebrace knew the three people were police officers and yet he decided to drive the vehicle rather than respond to directions.
Magistrate Russell Kelly said it was clear Mr Firebrace had the vehicle under good control, he was not speeding, and he was manoeuvring the vehicle away from the officers.
Mr Kelly said he was not defending the accused's actions, but the risk to police was at the "lesser end of the scale".
The magistrate struck out six offences, saying there was insufficient evidence to support a conviction.
Mr Firebrace instead pleaded guilty to a single charge of unlicensed driving. He was convicted and jailed for seven days, which was reckoned as already served.
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