A 56-year-old man accused of deliberately driving into two 12-year-old boys in a pedestrian mall has been granted bail after five and a half days in custody, despite prosecutors describing the alleged incident as using a vehicle as a weapon against children. Andrew Brien, an auto electrician from Gol Gol, faces seven charges including four counts of reckless conduct endangering life and dangerous driving causing serious injury.
One boy was flung 20 metres onto a nearby street, where a pole landed on him, leaving him with a concussion and a sore arm. The other child suffered catastrophic injuries: a collapsed lung, broken arm, leg, ankle, sternum and multiple rib fractures. He required surgery.
The Victims Were Innocent
The Mildura Magistrates' Court heard the boys weren't involved in any offence before the crash this week. Police Detective Senior Constable Mitchell Carew told the court he could "categorically say these two boys, [the victims] on this night, are not involved in any offence with the business or elsewhere."
Brien is alleged to have gotten into his car at Gol Gol, New South Wales, on the night of August 6 and driven across the border to Mildura's CBD. He began patrolling the area after his partner reported damage at her business, PRD Real Estate Mildura, at about 10:30pm. The business had been burgled on June 26 and June 27, with two vehicles, keys and cash stolen. 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.
Brien is alleged to have pursued two boys seen riding a motorised pushbike down the same street as the business. They weren't the suspects.
What the Evidence Shows
Five lots of CCTV footage were shown to the court. In one video, a white Ford ute driven by Brien was shown swerving to the opposite side of the road on Langtree Avenue, narrowly missing the boys and the kerbside. 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 Brien didn't 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 Brien stepping over a victim who was trapped under the car, and not providing them assistance. The court heard the call log on Brien's phone showed he'd called Triple Zero (000), and then his partner. The prosecution alleged Brien told police he'd run over a pushbike after stating he'd taken a wrong turn down the mall, saying: "They pulled out in front of me. It's dark."
Prosecution's Case
Prosecutor Raphael de Vietri said, "This incident in its totality is unacceptable." He 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."
De Vietri 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."
Defence and Bail Decision
Defence lawyer Paul Smallwood acknowledged 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 didn't justify his client's actions. Smallwood said 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 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 Brien had never previously been in trouble and wasn't 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.
Brien was granted bail on the condition he not drive a car and that he abide by a 9pm curfew. He'll reappear before court for a committal mention on December 2, later this year. Several community members yelled comments outside the court precinct in protest against the bail decision.
Why This Matters:
This case highlights the vulnerability of children in public spaces and raises questions about bail decisions in cases involving serious allegations of violence against minors. Two 12-year-old boys who were doing nothing wrong suffered life-altering injuries—one with multiple broken bones and a collapsed lung requiring surgery. The prosecution's assertion that Brien used his vehicle as a weapon, combined with CCTV evidence showing him stepping over a trapped victim without providing assistance, underscores the severity of the alleged offending. The community's protest outside the courthouse reflects broader concerns about whether bail conditions adequately protect public safety when serious charges involve innocent children. The magistrate's acknowledgment that the boys were "completely blameless" while granting bail based on court delays raises systemic questions about how the justice system balances the presumption of innocence against the protection of the most vulnerable members of society.