Andrew Brien, 56, has been granted bail after five and a half days in custody, even though he stands accused of deliberately driving into two 12-year-old boys in Mildura's Langtree Mall. The Gol Gol auto electrician is facing seven charges, including four counts of reckless conduct endangering life, dangerous driving causing serious injury, intentionally causing injury and driving in a dangerous manner. The court’s decision put the machinery of legal restraint on display: a man accused of using a vehicle as a weapon walked out on bail while two children and their injuries sat at the center of the case.
The Mildura Magistrates' Court heard one boy suffered a concussion and a sore arm after he was flung 20 metres onto a nearby street, where a pole landed on him. The other boy was reported to have suffered a collapsed lung and required surgery after a broken arm, leg, ankle, sternum and multiple rib fractures. The boys, the court heard, were not involved in any offence before the crash. That detail matters. It strips away the usual fog that gets thrown around when power wants to muddy the water.
Who Got Crushed
Police Detective Senior Constable Mitchell Carew told the court Mr Brien got into his car at Gol Gol, NSW, on the night of August 6 and drove across the border to the Mildura CBD after his partner reported damage at her business at about 10:30pm. The business, PRD Real Estate Mildura, had been burgled on June 26 and June 27, with two vehicles, keys and cash stolen. From there, the story turns into a chase through public space, with a private grievance spilling into the street and landing on children.
Mr Brien is alleged to have pursued two boys seen riding a motorised pushbike down the same street as the business. CCTV from the business showed a man in his 30s with a distinctive beard and pushbike rummaging in a bin before damaging a camera at the rear of the property. Senior Constable Carew said, "I can categorically say these two boys, [the victims] on this night, are not involved in any offence with the business or elsewhere." That line cuts through the noise. The boys were not suspects. They were targets.
What the Cameras Showed
Five lots of CCTV footage were shown to the court. In one video, a white Ford ute driven by Mr Brien was shown swerving to the opposite side of the road on Langtree Avenue, narrowly missing the boys and the kerbside. Mr Brien then conducted a U-turn, pursued the bike over a speed bump and followed the pair into the pedestrian-only Langtree Mall. Footage then showed the car driving through the mall and striking the bike at speed, moments before ramming into a light pole. The prosecution alleged Mr Brien did not apply the brakes or take evasive manoeuvres before his car struck the boys, and that he was travelling at about 79.2 kilometres per hour.
CCTV capturing the moments after the crash showed Mr Brien stepping over a victim who was trapped under the car, and not providing them assistance. The court heard the call log on Mr Brien's phone showed he had called Triple Zero (000), and then his partner. The prosecution alleged Mr Brien told police he had run over a pushbike after stating he had taken a wrong turn down the mall, saying: "They pulled out in front of me. It's dark."
Prosecutor Raphael de Vietri said, "This incident in its totality is unacceptable," and added, "The actions are grossly unjustified." He said, "This is horrific offending, to use one's vehicle as a weapon against two 12-year-old children." He also said linking the alleged offending to previous attacks on PRD Real Estate did the accused no favours and "gives flavour of a deliberate, intentional, controlled act". He told the court, "This isn't a momentary snap," and, "He was deadset on mowing those two children down."
Bail, Delay, and the Court's Clock
Defence lawyer Paul Smallwood acknowledged Mr Brien drove in an "outrageous fashion" and that the matter was extremely serious. He argued the burglaries at PRD were relevant to the circumstances but did not justify his client's actions. Mr Smallwood said Mr Brien was suitable for bail because he had no prior convictions, had spent his first time in custody, and a trial would likely not occur until 2028. He said Mr Brien would be highly likely to spend time in custody upon sentencing, even if acquitted of the more serious charges.
Magistrate Patrick Southey granted bail, noting Mr Brien had never previously been in trouble and was not a suspected flight risk. He said he was largely influenced by the prospect of a lengthy delay in the court matter. "It's outrageous, some of the commentary about the boys, who are completely blameless," Magistrate Southey said. Mr Brien was granted bail on the condition he not drive a car and that he abide by a 9pm curfew. He will reappear before court for a committal mention on December 2. Several community members yelled comments outside the court precinct in protest against the bail decision.
The court’s calendar moved on. The boys’ injuries don’t.