Andrew Brien, 56, an auto electrician whose partner owns a real estate business, was granted bail this week after five and a half days in custody. He stands accused of deliberately driving a ute into two 12-year-old boys in Mildura's Langtree Mall. The alleged act of violence, which left both children severely injured, reportedly stemmed from Brien's partner reporting damage at her business, PRD Real Estate Mildura.
The Mildura Magistrates' Court heard one boy suffered a concussion and a sore arm after being flung 20 metres, a pole landing on him. The other child required surgery for a collapsed lung, a broken arm, leg, ankle, sternum, and multiple rib fractures. Police Detective Senior Constable Mitchell Carew confirmed to the court that the two boys, the victims, were not involved in any offense with the business or elsewhere.
Property and Violence
Brien's alleged actions began after his partner reported damage at her business on the night of August 6. PRD Real Estate Mildura had previously been burgled on June 26 and June 27, with vehicles, keys, and cash stolen. Brien reportedly got into his car at Gol Gol, NSW, drove to Mildura, and began patrolling the CBD. He is alleged to have pursued two boys seen riding a motorised pushbike down the same street as the business.
CCTV footage shown in court depicted a white Ford ute, driven by Brien, swerving on Langtree Avenue, narrowly missing the boys. Brien then conducted a U-turn, pursued the bike over a speed bump, and followed the pair into the pedestrian-only Langtree Mall. The footage captured the car driving through the mall and striking the bike at speed, moments before ramming into a light pole. The prosecution alleged Brien did not apply the brakes or take evasive manoeuvres, travelling at approximately 79.2 kilometres per hour.
Moments after the crash, CCTV showed Brien stepping over a victim trapped under the car, providing no assistance. He then called Triple Zero (000) and subsequently his partner. Prosecutor Raphael de Vietri described the incident as "horrific offending," stating Brien was "deadset on mowing those two children down." He argued that linking the alleged actions to previous attacks on PRD Real Estate "gives flavour of a deliberate, intentional, controlled act."
The State's Calculus
Despite the severity of the alleged crime, Magistrate Patrick Southey granted bail. Defence lawyer Paul Smallwood acknowledged Brien drove in an "outrageous fashion" but argued the burglaries were relevant context, though not justification. Smallwood highlighted Brien's lack of prior convictions, his first time in custody, and the likelihood of a trial not occurring until 2028. This lengthy delay, according to Magistrate Southey, largely influenced his decision.
Magistrate Southey noted Brien was not a suspected flight risk. He granted bail on conditions that Brien not drive a car and abide by a 9pm curfew. Brien will reappear before court for a committal mention later this year, on December 2. The legal system's procedural delays, rather than the immediate impact on the victims or the community, became a primary factor in the decision to release the accused.
Community's Response
Outside the court precinct, several community members protested the bail decision. They yelled comments, expressing their outrage at the outcome. Magistrate Southey himself acknowledged the blamelessness of the boys, stating, "It's outrageous, some of the commentary about the boys, who are completely blameless." Yet, the state apparatus, through its courts, prioritized procedural considerations over the public's demand for immediate accountability for an alleged act of extreme violence, reportedly in defense of property interests.