‘Obviously distressed’:Buxton crash driver Tyrell Edwards granted bail

The 18-year-old driver and sole survivor of a horror crash that claimed the lives of five teenage passengers has been granted bail in the NSW Supreme Court.

Tyrell Edwards was behind the wheel of a Nissan Navara utility vehicle carrying three girls and two boys,all aged between 14 and 16,when it came off the semi-rural East Parade at Buxton,south-west of Sydney,about 8pm on September 6.

Tyrell Edwards was charged after five teenagers died in a car crash in Buxton.

Tyrell Edwards was charged after five teenagers died in a car crash in Buxton.Main photo:Kate Geraghty

The vehicle struck two trees in quick succession and the impact of the crash caused the entire rear seat to be ejected. All five passengers died at the scene.

Edwards was charged the following day with five counts of dangerous driving occasioning death,and was refused bail when he appeared before Picton Local Court on September 8.

On Tuesday,the Supreme Court heard Edwards was “obviously distressed” in custody and was considered to be of moderate suicide risk,as well as having moderate PTSD.

Justice Robert Beech-Jones said that according to a psychological report tendered to the court,Edwards is suffering from “complex grief”,experiencing “survivor guilt” and “shame”. He is also “understandably... fearful for his safety”.

Given Edwards’ age and history,Justice Beech-Jones said his mental health “is likely to decline” should he remain on remand for what could be more than 12 months before trial.

“It seems that regardless of the outcome of proceedings,the applicant’s punishment has commenced,” he said.

The court heard Edwards,a P-Plate driver,had no prior criminal record,but had previously had his licence suspended after two speeding incidents. His barrister,Greg James KC,told the court the speeding offences were between 10 and 20 kilometres over the limit,and his client had paid the fines and complied with the suspension.

The judge said according to police facts tendered to the court,witnesses at the scene saw Edwards say “I f---ed up,I’m going to jail.”

But he said these witness reports were unlikely to have “the forensic significance the Crown alleges” and “it seems more likely that this case will very much turn on a forensic analysis of the scene”.

Given Edwards’ lack of criminal history and the strong support of his family – who agreed to forfeit $100,000 should he fail to appear at a future court date – the judge said “it is not legitimate to refuse bail to an applicant such as this”.

While the charges against Edwards are serious and there is “obviously a real prospect of a substantial custodial sentence being imposed” should he be found guilty,Justice Beech-Jones said bail “cannot be refused as a means to impose immediate punishment”.

He found that Edwards does not pose an unacceptable risk of endangering the community or interfering with witnesses,as the Crown had argued.

Edwards,who has been on remand at Silverwater Correctional Complex,will be released into the care of his mother and is not to leave the house except for a set of court-ordered purposes under her supervision,or to attend labouring work where he will be supervised.

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Jenny Noyes is a journalist at the Sydney Morning Herald.

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