THE solicitor for a man charged with dangerous and predatory driving following a fatal crash has been granted more time as investigators await the results of a post-mortem.
Jhe Cian Lin is yet to enter a plea to three charges after the March 31 crash on the Oxley Highway at Westdale that killed Kim Chan.
Lin, 25, was behind the wheel of a red Ford sedan on the highway, on the outskirts of Tamworth, headed west, when two other vehicles, a silver Ford and a grey Toyota, collided.
Mr Chan, who was driving the Ford, died at the scene. A woman, who was behind the wheel of the Toyota, was also injured.
Lin appeared in Tamworth Local Court this week where DPP solicitor Stuart Ogilvy said police needed more time.
“They’re still awaiting the outcome of the post-mortem results,” he told the court.
“Once that’s been received, the Crown will be able to speak to the defence … and similarly have the matter resolved.”
Legal Aid solicitor Wendy McAuliffe didn’t oppose the adjournment and said “the brief was served on my office” on Tuesday.
She said she would “need to arrange significant time” to read through it with her client.
Magistrate Roger Prowse granted the adjournment, ordering the parties back to court in August.
“Noting the Crown is awaiting the outcome of a post-mortem, they’re maybe discussions between the Crown and the defence, and the brief needs to be gone through, well with the assistance of an interpreter,” he said.
“Mr Lin’s bail is to continue.”
Crash investigators allege Lin was driving dangerously and occasioned Mr Chan’s death at 3.15pm, because “the vehicle caused an impact between other vehicles”.
He’s also accused of predatory driving.
Investigators allege he engaged “in a course of conduct that threatened to cause an impact involving the other vehicle” and through that driving intended to cause another driver actual bodily harm.
Further, police allege he also drove a motor vehicle furiously and caused bodily harm to the driver of the Toyota.
As part of his bail conditions, Lin is prohibited from occupying the driver’s seat of a vehicle and was ordered to surrender his passport and not approach any international departure point.