The driver behind the wheel of a car that struck and killed a Kiama woman in the Wollongong CBD had offered to drive his intoxicated mates home from a party shortly before the collision occurred, a court has heard.
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Indian national Jaskaran Singh, 18, has been charged with six driving offences over the crash that killed aspiring model, 19-year-old Libby Ruge, and injured her two friends while they were walking along a footpath on the Princes Highway, near the Collegians Club and Overboard surf store on Saturday night.
Car passenger Arpan Sharma, a 21-year-old Indian student and part-time cleaner, is accused of pulling the handbrake on the moving Toyota Camry more than once.
He was granted bail in Wollongong Local Court on Monday.
According to a police account of events, Sharma allegedly pulled the hand brake causing the car to skid for 30 metres before the hand brake was released.
The car then travelled another 20 metres north as it veered sharply to the left, mounting the kerb and footpath and colliding heavily with the trio, pushing them forwards.
Eva Harrison, 18, and her 21-year-old boyfriend Tye West were hospitalised with a fractured pelvis and leg and rib fractures, respectively.
The pair remain in Wollongong Hospital in a stable condition.
A 20-year-old male pedestrian - Miss Ruge's boyfriend Luke Day - escaped injury.
In Wollongong Local Court on Tuesday, Singh, who works as a night cleaner, applied to be released on bail after his defence lawyer Patrick Schmidt said his client was not responsible for the collision.
Mr Schmidt said Singh had previously stopped his friends from driving a car while intoxicated after they wanted to leave a party.
He told the court Singh offered to drive Sharma and another passenger home, describing them as acquaintances rather than friends.
"While he was driving, an intoxicated person pulled the hand brake," Mr Schmidt said.
"He tried to regain control of the vehicle but it collided with the pedestrians.
"He did not flee the scene but walked about 20 metres away, fell into the foetal position because he was in shock, then answered his phone and returned to the scene.
"He presented himself to police."
Mr Schmidt said Singh was still traumatised after seeing paramedics perform CPR on Ms Ruge.
"He is utterly sorry for what has happened on that fateful night," Mr Schmidt said.
"I submit while people do need to be held accountable for this tragic incident, the right person needs to be held accountable."
Police prosecutor Tanya Pavlin opposed bail due to Singh being a potential flight risk as he did not have community ties, and the likelihood of a full-time custodial sentence if convicted, which could include 10 years in prison.
Sgt Pavlin also said police held fears Sharma could contact the co-accused.
Mr Schmidt said Singh had no intention of contacting Sharma as he felt "resentment" towards him.
Mr Schmidt also said his client did not have any drugs or alcohol in his system during the time of the crash and was not a flight risk as he had ties to the Indian community in the area. His Indian licence was also suspended.
Magistrate Susan McGowan refused to grant Singh bail as there was a "real risk" he would not appear due to his lack of community ties.
Singh has been charged with dangerous driving occasioning death; dangerous driving occasioning grievous bodily harm; negligent driving occasioning death; negligent driving occasioning grievous bodily harm; causing bodily harm by misconduct when in charge of a motor vehicle and failing to stop and assist after a vehicle impact causing death.
