Criminal defence lawyer and a drunk driving defence lawyer are in a bitter court battle over a $2.5 million verdict for the driver in a deadly crash that killed two people.
Lawyer Paul Stokes said the verdict was a “major blow” to him.
“I think it is a major blow to the integrity of the criminal justice system in Victoria,” he said.
“The system is so broken that I am very angry that this is happening.”
This is a very big deal, a major setback for us and it will send a huge message to the rest of the community that this cannot be tolerated.
“He said the driver, whose name has not been released, was “trying to get off”.”
We’re going to be arguing it for the rest, this is going to get to the bottom of this,” he told the ABC.”
We have not even had an opportunity to present the evidence, the driver has not even admitted he was drunk and driving.
“Mr Stokes told the trial of his client, who was not a passenger in the car, the prosecution had failed to prove that he was at fault.”
In fact, the only reason I am asking you to pay is because I was not there, the police have not produced any evidence whatsoever that this was the case,” he added.”
He is trying to get the maximum amount that they can for the cost of his legal fees.
“Mr Justice Nicholas Bevan dismissed the defence’s case on a number of grounds, including that the driver had “tried to get away” from the scene of the crash, had a blood alcohol level of 0.20 and had not been wearing a seatbelt.”
It is clear that the defendant is not at fault, as the vehicle was travelling at a speed of approximately 100 kilometres per hour,” Mr Bevan said.
Lawyers argue there was no evidence to suggest that the man had been intoxicated.
Topics:law-crime-and-justice,accidents,courts-and–trials,law-dept,law,vic,bakersfield-7250,aestria-5700,vic-5501First posted February 08, 2020 16:47:59Contact Melissa CaulfieldMore stories from Victoria