A driver who allegedly hit a man with his Lexus before leaving him to die on a street in Sydney’s west failed to provide aid as he ”didn’t know” he had hit a human, a court has heard.
John Ung, 55, appeared via video at Fairfield Local Court on Thursday where his lawyer argued the alleged victim – 31-year-old Harry Chandla – was “highly intoxicated” and was “wearing dark clothing” when he was struck just before 3am on Wednesday.
Mr Ung is facing four charges – dangerous driving occasioning death, negligent driving, failing to stop to assist after a vehicle impact causing death and knowingly dealing with the proceeds of crime – after being arrested by police on Wednesday.
Barrister Steve Boland said Mr Chandla had “made a decision” to lie down on Pritchard Street in Mount Pritchard when the incident occurred.
Mr Boland said “biological matter” was found on the underside of Mr Ung’s Lexus, which proved the alleged victim had been lying down.
“The deceased put himself in a position where he was, sadly, highly likely to be hit,” Boland told the court.
Mr Boland argued that all drivers come in contact with debris from “time to time” and only those with the “most catastrophic way of thinking” would assume it was a human.
“It is not a natural assumption when hitting any object,” he said.
The prosecution argued a “loud bang” could be heard in CCTV of the incident, however, this was disputed by Mr Boland.
Mr Boland also argued Mr Ung could not have been driving recklessly as he indicated into his driveway when he struck Mr Chandla, vision had shown.
The court was also told how during a search of Mr Ung’s property, police found almost $950,000 in a duffel bag under a set of stairs in a freezer.
Mr Boland argued it was legal for Mr Ung to possess the cash and that police found “no identifying crime” which could be linked to the money.
“Not many people have $950,000 in a duffel bag in their freezer,” the magistrate said.
Mr Ung, who is a father of four, was eventually granted bail.
Speaking outside court, older brother Arman said he believed Mr Chandla was out with friends prior to being struck.
He said his little brother had moved from India to Australia about ten years ago and working as a trolley pusher.
The brothers lived together in Auburn, with Arman saying Harry had been “a great uncle” to Arman’s son.
“It’s a big loss for my family, my sister and my mum and dad back in India, it’s just too much to handle at the moment,” he said.
“He’s really religious person, even the day before, about 5:30pm, he was in the Sikh temple.”
Mr Ung was granted bail on the condition he put up $1000 suriety and report to Campbelltown Police Station daily.
He also was released on the condition he surrender his passport, which is currently at the Chinese embassy.
His case will return at Liverpool Local Court on May 2.