![The matter has bounced between the local and district courts in Tamworth since 2020. File picture The matter has bounced between the local and district courts in Tamworth since 2020. File picture](/images/transform/v1/crop/frm/afalkenmire/95e71e2a-73ef-458a-abb6-68e2437f0589.jpg/r0_0_6016_4011_w1200_h678_fmax.jpg)
A "FUNDAMENTAL failure" saw a fatal crash case bounce between the local and district courts in Tamworth for more than three years, a hearing has been told.
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Csaba Somogyi succeeded in his application for costs in Tamworth District Court on Tuesday.
It came months after the Crown directed there be no further proceedings against him for dangerous driving causing death, and a negligent driving charge was sent back to the local court for hearing. He has pleaded not guilty to negligent driving.
Defence solicitor Michael Bowe said an expert for the prosecution made a "fundamental failure" by not taking into account the grading of the dirt road where the crash occurred during a charity rally at Borah Creek, near Manilla, on March 5, 2020.
"This is a matter that started in the local court," he said.
It then went to the district court when the primary charge against Somogyi became dangerous driving.
"The accused has had to address issues on that charge, and in the district court, until very late in the proceedings in May of 2023," Mr Bowe said.
"For a period of two years, both parties have worked towards three trials."
He said because of the serious nature of the charge, a number of bail applications had to be made for the Hungarian businessman.
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The Crown did not oppose the application for costs, but was clear that it made no concessions about the investigation into the crash, or the prosecution of the case.
Judge Andrew Coleman said the way the case had progressed had been "rather unsatisfactory".
The court heard the prosecution's initial expert report did not account for the gradation of the stretch of road where Somogyi was accused of crashing a Volkswagen Golf hatchback about 1pm.
His 49-year-old passenger died. Somogyi was charged in the following days.
The defence claimed the report made an erroneous finding that Somogyi was going at least 90km per hour, when their expert found he was going 83km per hour around the bend, or less.
In February, the Crown advised their expert was unavailable for the trial, and a supplementary report was prepared, which took into account the grading and made a finding that Somogyi was travelling about 81km per hour.
For a period of two years, both parties have worked towards three trials.
- Defence solicitor Michael Bowe
The court heard the additional report led to the direction there be no further proceedings on the dangerous driving charge in March, 2023.
"In those circumstances, it is open to find - and I do so find - that had those facts been known to the prosecution at the time of the commencement of the proceedings, it would not have been reasonable to commence the proceedings," Judge Coleman said.
"In my opinion, the orders sought ... should be made."
Judge Coleman said the crash occurred in a 100km per hour zone, where the bend was not signposted as dangerous, or to reduce speed, and it had no guard rail.
The court heard Somogyi had not been drinking or taking drugs, or using his phone, and was "adamant" he was not listening to music or the radio because it would have interfered with rally communications.
Somogyi and his passenger were competing in the Riverina Redneck Rally at the time.
Somogyi is set to front a multi-day hearing in Tamworth Local Court, accused of negligent driving occasioning death, later this year.
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