By Genevieve Gannon
MELBOURNE, April 15 AAP – A Melbourne man yelled “you and your family are all going to die” in the last minutes of a car chase before he crashed and was killed, a court has heard.
Nathan Russell, 37, shouted the threat at the driver of another vehicle as they drove along Sydney Road in Melbourne’s north in November 2011, defence lawyer Luke Barker said.
The vehicles collided, sending Mr Russell’s car into a pole. He later died in hospital.
The driver of the second vehicle, 30-year-old Duane Justin Lindsey, was charged with several offences including culpable driving.
But the prosecution has conceded it cannot prove Mr Russell did not cause his own death.
In the Victorian County Court on Tuesday, Lindsey pleaded guilty to two counts of reckless conduct endangering life.
His lawyer said the speeding and accident came about as a result of Mr Russell and his brother Leif, who was driving a third car, “pursuing, chasing or otherwise hunting Lindsey”.
Lindsey had his partner and three-month old daughter in his car and was trying to reach the “safe haven” of the Fawkner police station, Mr Barker said.
He said Lindsey rolled down his window and shouted: “What are you doing? I’ve got my f***ing kid in the car”.
Mr Russell shouted back: “F*** you Lindsey, you and your family are all going to die”, Mr Barker said.
Methadone and methylamphetamine were found in Mr Russell’s blood and he was not wearing a seatbelt at the time of the crash, the court heard.
Prosecutor Andrew Grant said Lindsey had been driving in a dangerous manner and speeding on the night.
He came dangerously close to two road maintenance workers but the prosecution could not conclude Lindsey’s vehicle drove into Mr Russell’s, he said.
The Russells and Lindsey had fought in the days leading up to the accident and when Leif arranged a meeting with Lindsey at a car park in Melbourne’s north, Lindsey went on the condition that Nathan Russell not be there, the court heard.
Lindsey was remanded into custody to be sentenced on April 30.