A man who police allege was involved in an illegal street race before a fatal crash that killed two young children has been released from custody on bail after his shock arrest.
Adam Yurun, 24, appeared before Bankstown Local Court on Thursday charged with two counts of dangerous driving causing death and not stopping to render assistance.
Mr Yurun, who is also charged with promoting a race between vehicles, was allegedly behind the wheel of an Audi A4 at the time of the horror crash in Sydney’s west last month.
Xavier Abreu, 10, and his younger brother Peter, nine, were killed when a second vehicle they were inside, a Subaru Impreza sedan, crashed into a tree at Monterey on August 25.
The driver, Jimmy Martin Brito, 33, was charged with two counts of dangerous driving causing death, and a single count of causing bodily harm by misconduct following the crash.
Mr Brito, who is believed to be the children's uncle, appeared in court over AVL from hospital last month. He has not entered any pleas, and was refused bail to reappear in November.
Mr Yurun was pictured dressed in prison greens when he appeared via AVL at Bankstown Local Court on Thursday where his lawyer, Fadi Abbas, applied for his release.
Mr Abbas told the court the 24-year-old had no criminal history and resided at home with his family, including his father who first alerted his son to the charges.
“The police identified my client’s parent’s house. They told (his father) my client was required to surrender himself … he drove straight to Campsie police station,” Mr Abbas said.
The Western Sydney lawyer said Mr Yurun had arrived to the police station within 45 minutes of learning of his pending arrest, despite “knowing how serious the charges were”.
The police prosecutor, Sgt Langton, opposed Mr Yurun’s release on bail owing to the potential risk he could commit further crimes, as well as endanger the community.
Sgt Langton told the court Mr Yunron had received five suspensions for speeding since receiving his P1 license in 2016, and was allegedly driving at more than 130km in a 60km area at the time of the crash.
“We do not cavil with the accused’s lack of criminal antecedence, but look at his traffic history,” he said.
“There is a relatively strong prosecution case. There is an abundance of CCTV showing not only the accused’s knowledge of the collision, but of his alleged offending.”
Sgt Langton described the recent offences an “escalation in conduct”, and said the “starting point” for the offences Mr Yurun faced was jail time.
While Magistrate Glenn Walsh agreed the prosecution case was “very strong”, he said the bail conditions proposed could ameliorate concerns about bail.
“He has now been in custody for a period of time. I anticipate, it is not an experience he would enjoy,” Mr Walsh told the court on Thursday.
“There is no evidence to demonstrate that he will not comply with bail conditions, such that I would elevate bail concern to a serious risk.
“This is not a court that deals with preventive detention (or) some concept of pre-emptive or anticipatory revenge – it deals with matters on their merit.”
Mr Yurun was granted strict conditional bail proposed by Mr Abbas, which the court was told went beyond what was proposed by police.
Mr Yurun will be required to report daily to police, be subject to a nightly curfew to reside at his home, and will be barred from contacting any prosecution witnesses.
He will also be barred from entering the driver seat of a motor vehicle, having already had his drivers license suspended by police on his arrest.
Mr Yurun was charged on Wednesday by police following extensive inquiries and after new information was revealed about the moments that lead up to the crash.
Police allege the two vehicles were involved in a street race before Mr Brito lost control of the vehicle, crossing on to the incorrect side of the road and crashing into the tree.
Police attended a Roselands home on Wednesday and seized the Audi A4 for forensic examination, before Mr Yurun was arrested at Campsie police station later that afternoon.
His licence was also suspended.
A 24-year-old woman, who was allegedly in the passenger seat of the Audi at the time of the crash, was also arrested and charged by police.
The woman was taken to Kogarah police station and charged with concealing a serious indictable offence.
The woman was granted strict conditional bail to appear at Sutherland Local Court on October 17.
Mr Yurun will reappear before Downing Centre Local Court in November.