A trucking boss has avoided a prison term, despite allowing a drug-affected driver to get behind the wheel in the lead-up to Melbourne’s Eastern Freeway tragedy where four police officers were killed.
Simiona “Simon” Tuteru faced the Supreme Court in Melbourne on Wednesday, as he was sentenced for a breach of the heavy vehicle national law for recklessly exposing people to risk of death or serious injury.
Tuteru was facing a maximum penalty of five years’ jail, but was instead convicted and ordered to complete 200 hours of community work over the next three years.
After the hearing, grieving families of the police officers killed in the 2020 incident expressed their anger at the sentence and the Victorian court system.
“There is relief that after nearly four years, this has finally come to an end,” Andrew Prestney, the father of slain officer Josh Prestney told reporters.
“There is also anger, dismay, disillusionment and disappointment at the sentence handed down today.
“Victoria doesn’t have a justice system, it has a legal system where outcomes seem pre-determined, where the guilty have all the rights, the victims have none.”
Mr Prestney said the families could not understand how Tuteru — who was the direct supervisor of truck driver Mohinder Singh — was spared jail, while a company executive in Sydney was ordered to spend up to three years in jail.
On April 22, 2020, Tuteru met with Singh, who informed his boss that he thought he had been cursed by a witch.
Tuteru searched Singh’s car, telling him “witches leave items behind like voodoo dolls and hair”, before praying with the driver and letting him know that he had cast the spell out of him.
“It appeared Singh believed that you had cleansed his spirit and rid him of the curse,” Justice James Elliott said.
‘Utterly tragic’ event has changed lives irreversibly
Singh, who was sleep-deprived and had been taking methamphetamine for days, then drove his truck and fell asleep at the wheel, crashing into the officers.
Leading Senior Constable Lynette Taylor, First Constable Glen Humphris, Senior Constable Kevin King and Constable Josh Prestney were standing in an emergency lane of the Eastern Freeway, having pulled over a speeding driver.
Their deaths represented the largest loss of life for Victoria Police during a single incident.
“The surrounding circumstances of this case are utterly tragic,” Justice Elliott said, adding that the crash had had a “life-changing and irreversible impact”.
Still, the judge said, he did not believe Tuteru had shown “total indifference” to Singh’s condition and had genuinely believed the man was fit to drive after their meeting.
Tuteru, a devout Christian, was described as “a person of good character” by Justice Elliott, who said he had no criminal record and strong prospects of rehabilitation.
The court heard Tuteru continued to pray for the victims’ families — something Mr Prestney said was “absolutely, totally absurd”.
Mr Prestney paid tribute to the Victoria Police officers who investigated the crash, thanking them for their “professionalism and unwavering determination”.
“And finally to Josh, your life was a blessing, your memory a treasure, you are loved beyond words, and missed beyond measure.”
Legal delays taken into account by sentencing judge
Tuteru’s case has been impacted by numerous legal delays during the last four years, which was another factor the judge considered when imposing his sentence.
Tuteru initially faced more serious charges of manslaughter, but those were eventually dropped by prosecutors in the Supreme Court with little explanation, prompting then-judge Lex Lasry to describe the situation as “unsatisfactory”.
Justice Lasry later put a halt on the heavy vehicle charges against Tuteru after further legal delays, labelling the prosecution a “misuse” of the court process.
That decision was overturned by the Court of Appeal, and Tuteru was again charged by prosecutors, eventually agreeing to plead guilty late last year.
Tuteru, 52, made no comment as he left court on Wednesday.
Earlier this year, Tuteru’s Sydney-based colleague Cris Large was jailed for up to three years. Large falsified time sheets, and failed to ensure drivers managed their fatigue and that safety measures were followed.
The truck driver, Singh, was originally ordered to serve 22 years behind bars but had his sentence cut to 18-and-a-half years because he agreed to testify against Tuteru.
Victoria Police declined to comment on the case on Wednesday.
