Court documents show he has been charged with possessing an “anti-speed measuring device” on April 22 in Kew East.
During Mr Pusey’s bail hearing in May, the court heard that messages from his mobile phone, obtained by police, showed he had allegedly advised a friend to get a “set of blinders”, which investigators understand to be a device used to slow down or jam police speed guns.
Devices, sometimes called “radar detectors”, which purport to detect speed cameras and other road safety technology used by police can be bought online.
It is an offence under the Road Safety Act to own, sell, use or possess a device which has the sole purpose of preventing the effective use of a road safety camera or speed detector. It carries a fine of $3304.
Mr Pusey appeared via video link during Wednesday’s hearing, wearing a green jumper and blue face mask.
Mr Pusey’s lawyer, Dermot Dann, QC, told the court his client had been “overcharged”, and argued there wasn’t sufficient evidence in relation to five of the offences to commit them to trial.
“As tragic as this case is, for all of Mr Pusey’s faults, for all the criticisms that can be made against this man, the conduct in the face of terrible tragedy, for all that can be said and that he has said about being ashamed … at the same time, on any objective basis, as a matter of law, it can be said this man has been seriously overcharged,” he said.
“[The committal process] can’t just be a rubber stamp process where a person is seriously overcharged with charges that can’t be made out legally or factually.”
He said there was a “fundamental defect” with the charge of failing to render assistance at the scene of an accident, as Mr Pusey was not the driver of a motor vehicle at the time of the collision.
Mr Pusey has also been charged with the destruction of evidence after he allegedly deleted footage of the accident scene from his phone.
He also accused of perverting the course of justice by removing two phones and a lunch bag which allegedly contained two small bags of drugs from his Porsche immediately after the crash.
Mr Dann said there was no evidence to indicate that Mr Pusey had deleted the footage or removed with the items from the car with the intention of interfering with the legal proceedings against the truck driver involved in the crash.
He said that Mr Pusey had sent the footage to an AFP officer that he knew and to his legal representative, who had advised him to delete the footage.
“In a record of interview on April 23, Mr Pusey explained that he was ashamed of what was contained on the footage. And he was ashamed because he had said horrible things,” said Mr Dann.
However prosecutor Robyn Harper said that Mr Pusey had shown the footage to a pharmacist and a receptionist at the doctor’s office.
“In my submission, he didn’t demonstrate any shame at all,” she said.
“Rather he went home and deleted those videos and swapped the SIM cards between the phone handsets.”
“He knew driving offences had taken place on that day and people had died in the collision between the truck and the Porsche and police cars. He nevertheless deleted the footage which may have shown the truck driver in the immediate aftermath of the collision.”
Mr Pusey’s lawyers have previously told the court that the charge of outraging public decency should also be dropped, arguing it does not exist in Australia and is “ill-fitting and inappropriate”.
The rare offence relates to Mr Pusey’s behaviour following the crash. He is accused of using his phone to film the scene, including the bodies of the officers, for several minutes while making comments.
Investigators allege that Mr Pusey also used his phone to film one of the dying officers, Leading Senior Constable Lynette Taylor, and said: “There you go. Amazing, absolutely amazing. All I wanted to do was go home and have my sushi.”
He is also alleged to have said, “Now you f—ed my f—ing car”.
Ms Bakos will hand down her decision about whether the indictable charges go to trial on October 14.
Leading Senior Constable Taylor, Senior Constable Kevin King and constables Glen Humphris and Josh Prestney died in the crash.
The truck driver, Mohinder Singh, 47, was initially charged with four counts of culpable driving causing death in the days after the April 22 crash.
He was then charged with 33 additional offences in August. Court documents released last week show Mr Singh has been charged with an array of drug-related offences, including allegedly supplying drugs to a child.
Police allege that Mr Singh 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.
Simone is a crime reporter for The Age. Most recently she covered breaking news for The Age, and before that for The Australian in Melbourne.