A 56-year-old auto electrician walked free on bail after spending five and a half days in custody for allegedly driving his ute into two 12-year-old boys in Mildura's pedestrian mall, leaving one child with a collapsed lung and multiple fractures.
Andrew Brien of Gol Gol faces 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 Mildura Magistrates' Court heard one boy was flung 20 metres onto a nearby street where a pole landed on him, causing concussion and a sore arm. The other suffered a collapsed lung, broken arm, leg, ankle, sternum and multiple rib fractures requiring surgery.
The Alleged Incident
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. 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.
Mr. Brien allegedly 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."
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.
Prosecution's Case
Footage 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 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 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."
Defence Arguments and Bail Decision
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 didn't 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 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.
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.
Why This Matters:
The bail decision highlights ongoing tensions between individual liberty protections and community safety concerns in Australia's criminal justice system. The magistrate's acknowledgment that court delays extending to 2028 influenced his decision underscores systemic capacity issues that force judges to balance the presumption of innocence against serious allegations. The case also raises questions about citizens taking matters into their own hands when responding to property crimes, a scenario that's become increasingly contentious as burglary rates affect small businesses. The two-year wait for trial reflects broader concerns about court backlogs that can undermine both the rights of the accused and timely justice for victims.