Csaba Somogyi allowed to leave country ahead of Tamworth trial for causing Borah Creek fatal crash near Manilla in 2020

Csaba Somogyi made an application to vary his bail in Tamworth District Court on Friday morning to travel overseas, which was opposed by the Crown.

Judge Andrew Coleman said the case against Somogyi was that he was driving in a rally around a corner "allegedly too fast" and the car ran off the road and into a tree, and "the passenger died".

The deadly crash occurred near Manilla, out of Tamworth, in March 2020. Somogyi will stand trial next year.

Somogyi's solicitor Michael Bowe said "this comes down to speed".

"We say we've got a very strong case," he said, adding his client "in a 100km area, he was doing 83".

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Crown solicitor Madelaine Mulvaney argued "there is a fail to appear risk" because Somogyi's trial was due to begin in the February sittings of the court.

Mr Bowe said the fail-to-appear risk was not a concern because "he's returned on two occasions", after previous variations for overseas travel were granted.

He said Somogyi runs a business that operates out of Australia.

"He needs to go to Hungary to develop that business," he told the court.

The court heard Somogyi had a number of conferences to attend that were "all part of facilitating a business".

"He owns four properties in Australia," Mr Bowe said, adding Somogyi's wife would remain in Australia and surrender her passport.

Judge Coleman said "this is the third time" a bail variation for overseas travel had been sought "so he can attend to some business interests in Hungary".

Somogyi has pleaded not guilty to one count of dangerous driving occasioning death.

Judge Coleman acknowledged the Crown submissions that the travel combined with the proximity of the trial gave rise to a fail-to-appear risk, but granted the bail variation.

"The bail concerns raised by the Crown are not warranted," he told the court.

Somogyi was ordered to notify the officer-in-charge of the travel and dates, and a copy of the return airline tickets must be provided to police.

"He must return by the 31st of January," Judge Coleman said.

"Do you understand that Mr Somogyi?"

"I do," Somogyi replied.

The Crown case is that Somogyi was behind the wheel of a hatchback near Borah Creek when it crashed about 1pm on March 5, 2020.

The 49-year-old passenger died at the scene. Somogyi was also injured and later charged by the Crash Investigation Unit from Tamworth.

Somogyi and his passenger were taking part in the charity run - the Riverina Redneck Rally - which was raising funds for kids with cancer.

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