After 306 days behind bars, a bus driver jailed for crashing into a notorious Melbourne bridge and injuring six people has walked free and urged for it be fixed.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Ballarat man Jack Aston was released from the dock by the appeals court on Monday, amid applause, cheers and hugs from his supporters.
He was re-sentenced to time already served and a two-year community corrections order after his original convictions were quashed.
"I feel really good. I'd like to say sorry to all my passengers," a jubilant Aston told reporters as he left the Supreme Court, surrounded by family and friends.
Aston was jailed in December for at least two-and-a-half years after being convicted on six counts of negligently causing serious injury.
Six of his 14 passengers suffered a range of injuries including spinal fractures, glass particles in the face, scalp injuries and a broken neck, during the crash into the Montague Bridge at South Melbourne in February 2016.
Aston himself suffered a broken neck in the crash and was later diagnosed with post traumatic stress disorder, depression and anxiety.
The rail bridge clearance is only three metres and is frequently hit by trucks and buses passing underneath.
Aston told investigators he couldn't recall seeing warning signs, before he drove into the bridge at a speed of 56 km/h.
He was sent to trial on six charges of negligently causing serious injury and six alternative charges of dangerous driving causing serious injury, but the alternative charges, which have lower penalties, were not put to the jury.
This led the Court of Appeal to find a substantial miscarriage of justice had occurred.
Justices Phillip Priest, Stephen Kaye and David Beach quashed the original convictions and replaced them with six convictions for dangerous driving causing serious injury.
Aston thanked friends, family, his legal team and the court and had a message for Victoria's premier.
"Now Dan Andrews, if you really do care about the people of Victoria, before that bridge takes a life, fix it," he said outside court.
He then added: "If it's alright with you guys I'd really like to go home now."
His wife Wendy Aston said he was still suffering from the ordeal.
"We can just go home. It'll be nice to just go home," she told 3AW radio.
"(We will) see the dogs, sit down, talk -- just hug, hug, hug."
Australian Associated Press
