The teenager who has admitted he was behind the wheel of a car that slammed into a pole in a Christmas Eve crash that killed one of his mates during an alleged high-speed pursuit has been freed on bail.
Savyo Khamou was on Wednesday granted bail by the NSW Supreme Court despite the pleas of the family of the 18-year-old killed in the accident.
Mr Khamou, 18, sobbed and wiped away tears as he appeared via audio visual link from Parklea Correctional Centre before he was released on bail by Justice Stephen Campbell.
“Yes, sir,” Mr Khamou said as he was asked if he understood his strict bail conditions.
The Green Valley man was charged after his friend Nicholas Hoenselaars died in a crash on Eastwood Road at Leppington in Sydney’s southwest on December 24 last year.
Justice Campbell said Mr Hoenselaars’ family had written a letter similar to a victim impact statement to the court asking that Mr Khamou not be released from custody while he answers his charges.
However, he said he could not take it into account, adding that any concerns for community safety could be mitigated by stringent bail conditions, including that Mr Khamou not get behind the wheel.
Justice Campbell said Mr Hoenselaars’ death must have been: “Shattering, if I may say, especially at Christmas.
“But I am not authorised to take (the letter) into account for the purposes of a bail application.”
Police have alleged that the P-plater’s Mitsubishi Lancer was involved in a high-speed pursuit before it struck a pole, throwing both occupants from the vehicle.
Mr Hoenselaars, an aspiring soccer player, died at the scene, while Mr Khamou was taken to hospital under police guard before he was charged.
Defence barrister Greg Stanton told the court that Mr Khamou had admitted to police that he was behind the wheel at the time of the accident.
However, he has denied that he was aware that he was being chased by police.
“The more significant factual issue which requires resolution is his knowledge of whether a pursuit had been undertaken and the extent he took part in it and sought to avoid detection and apprehension,” Mr Stanton said.
Mr Khamou was on Wednesday wearing a sling on his right arm, and the court heard that he had undergone surgery on a fractured hand that he suffered in the accident.
Mr Stanton argued that while the alleged offences were serious, it was not a given that Mr Khamou was facing a term of imprisonment, and he could be sentenced to serve an intensive corrections order in the community.
Mr Khamou has not yet entered a plea and has been charged with nine offences, including aggravated dangerous driving occasioning death, dangerous driving occasioning death, negligent driving and being in a police pursuit not stopping.
He is also accused of speeding in excess of 45km/h more than the limit.
He is facing a maximum of 14 years in prison if found guilty of the most serious offence of aggravated dangerous driving occasioning death.
The prosecution opposed bail on the grounds of concerns for Mr Khamou committing further offences and argued he posed a risk to the community.
His family will be required to hand over a $30,000 bond, which Justice Campbell said lessened the risk of him breaking bail and fleeing.
He will also be required to report to police once a day and abstain from alcohol and drugs.
Mr Khamou will appear before Campbelltown Local Court next month.
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