Australian man Jailed for Christmas on 'no evidence'

A FATHER who spent Christmas in jail accused of running down an officer has been released because prosecutors are not sure he was behind the wheel.

Christopher Lucas has been in Yatala Labor Prison since December 9, when he was refused bail on charges including causing serious harm by dangerous driving. At the time, police said Lucas - the sole carer for his ill, elderly mother - seriously injured a police officer while avoiding an alcohol breath-testing station at Cavan.

Yesterday the Office of the Director of Public Prosecutions asked the case be called back into Port Adelaide Magistrates Court so Lucas's release could be arranged.

Lucas's lawyer, Damon Ind, said that after discussing the charges with prosecutors, he expected them to be withdrawn. "It seems that now police have finally done some work on this matter, they have realised this once flimsy case is actually non-existent," he said.

"They now have doubts my client was the driver of the vehicle, and there is no evidence to support him being at the scene of the alleged incident. "Indeed, it would seem they have now found evidence to the contrary."

Prosecutors did not dispute Mr Ind's submission and declined to comment to The Advertiser last night.

Lucas, 47, of Salisbury East, has yet to plead to offences including causing serious harm by dangerous driving, driving while disqualified and breaching bail. He faces a maximum 15-year jail term.

Court documents allege that on December 8 he drove a VN Commodore with Queensland registration plates on Churchill Rd North, Cavan.

Lucas allegedly knocked down a police officer - who was wearing a reflective vest and carrying a torch - at an alcohol breath-testing station, then fled. The officer required surgery for serious leg fractures. The car was found dumped at nearby Swan Court, Mawson Lakes.

Last month police prosecutor Sergeant Alex Ross told the court inquiries were ongoing. "The car is registered in someone else's name and there are two sets of keys," he said.

"Lucas, when spoken to by police, had one set ... he claimed he had been given those keys by someone else in the afternoon before the incident. "Although the incident was captured by a camera fitted to a police vehicle, I understand that does not identify this defendant."

He said Lucas could interfere with investigations if released. "There are further inquiries being made with persons who were in possession of the car prior to the incident, and they are Lucas's family members," he said. "We are opposed to any form of bail."

Mr Ind said Lucas's mother and teenage daughter, who has an intellectual disability, relied on him for care and support. "The mother has chronic pain in her hip and knees and mobility problems, and my client receives an income for caring for her," he said.

"Having read the police file so far, there appears at this stage to be not enough evidence to make out the case."

At the time, Magistrate David Whittle refused to release Lucas on bail. He also declined to consider granting him home detention bail.

Yesterday Mr Ind told the court that the case had been called back at the DPP's request, not his. "This is an unusual application for bail as it's the DPP's application," he said. "There has been a change of circumstances, and a change in the prosecution's attitude toward this matter.

"This man has spent Christmas in custody, New Year's in custody, away from his family and mother, who relies on him for care."

Magistrate Alfio Grasso released Lucas on bail, with the sole condition that he reside at his home address. Mr Grasso ordered Lucas return to court next month.

Original report here




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