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‘Unacceptable’: Pusey muted after interjecting during unlawful assault, theft charges hearing

“Unless [Pusey’s lawyer Vincent Peters] is asking for you to speak, then I ask you to remain silent,” Mr Martin said.

However, later during the hearing, Pusey spoke again to complain that he hadn’t been sent material he had requested from the court. Mr Martin then asked the court to place Pusey on mute.

Senior Constable Kevin King (left), Constable Josh Prestney, Leading Senior Constable Lynette Taylor and Constable Glen Humphris were killed on the Eastern Freeway.

Senior Constable Kevin King (left), Constable Josh Prestney, Leading Senior Constable Lynette Taylor and Constable Glen Humphris were killed on the Eastern Freeway.

“This is unacceptable to have conversations coming in from all angles,” he said.

The prosecution argued that the charge of unlawful assault was due to the “threatening and menacing nature” of Pusey’s actions, however, Mr Peters argued the footage was not conclusive of assault.

“Pusey says that when he was speaking to the gentleman in that car, that man became very aggressive and very angry and Pusey said it was appropriate to remove his keys. He needed a couple of goes at doing that, because he felt the man wasn’t in a condition to drive,” Mr Peters said.

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“So it might be said that the removal of the keys was unlawful and may constitute a theft, but he took those keys to South Melbourne police station and left them there and advised them of the circumstances.”

The court also heard Pusey was charged in a separate incident with destruction of property after he allegedly dropped a “pack of stubbies” on the floor of a bottle shop in Smith Street, Fitzroy.

Mr Peters said his client denied the charge and that the store had been refusing to serve Pusey, who then asked a security guard what he should do.

“He was asked to drop it and leave, so he dropped it and left,” Mr Peters said.

Pusey, 42, is in jail awaiting sentence over the Eastern Freeway incident, along with other charges. He is to be sentenced on April 28.

Leading Senior Constable Lynette Taylor, Senior Constable Kevin King and constables Glen Humphris and Josh Prestney were all hit and killed when a truck driven by Mohinder Singh, addled by drug use and fatigue, veered into the emergency lane at 5.36pm on April 22, 2020.

Mr Peters said they were anxious to have the matters resolved prior to sentencing date over the Eastern Freeway charges.

Towards the end of the hearing, Mr Pusey again asked the magistrate why documents he had requested from the prosecution had not been handed over.

Mr Martin said it was not a matter for him to get involved with and told him to speak to his lawyers.

Pusey replied: “That’s understood, but what about the rest of the nation that can’t afford legal representation?”

“I’m not here to debate those issues, Mr Pusey,” the magistrate said.

The unlawful assault, theft and destruction of property charges will return to court on May 6.

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