The family of a Queensland police officer killed in an alleged hit-and-run fears they “may come into contact” with a woman charged over the incident after she was released on bail.
Senior Constable David Masters died after being struck by a suspected stolen car on the Bruce Highway at Burpengary, north of Brisbane, about 3am on June 26, 2021.
WATCH THE VIDEO ABOVE: Woman charged over the death of Queensland police officer wins bail.
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The officer had just deployed a tyre deflation device and police were not actively pursuing the vehicle.
The Crown alleges Kari O’Brien was a passenger in the car driven by Skye Anne Wallis.
Both women were arrested on murder charges within days of Masters’ death and are due to face a committal hearing in May.
A bail application by O’Brien was successful on Friday, with Supreme Court Justice Catherine Muir finding the prospects of a murder conviction are not high.
In a statement, Masters’ wife Sharon has expressed disappointment in the bail decision.
“We have been in limbo for years waiting for justice,” she said.
“Now this person has an element of freedom back in the community and we are the ones enduring a life sentence.”
If the now 27-year-old O’Brien remained behind bars until the trial, it was likely she would be in custody for five years on charges she has reasonable prospects of defending, Muir said.
The crown case is that Wallis is responsible for the death as she drove the car dangerously at or toward the officer or by acting with reckless indifference to human life, the court heard.
Prosecutors, opposing the bail application, will argue O’Brien had a common purpose with Wallis to unlawfully use a car to avoid apprehension and the offence was a probable consequence.
O’Brien also allegedly encouraged Wallis to evade police several hours before Masters was struck.
Prosecutor Michael Lehane told the court there were hours of police evasion at extremely high speeds involving high risk.
He said O’Brien did not distance herself after the incident when the women went to Wallis’ mother’s house.
“We have, on the evidence of Michelle Wallis, the applicant saying: ‘I think we just killed a copper’,” Lehane said.
O’Brien’s barrister Christopher Wilson said O’Brien would “almost certainly” be arguing at the committal hearing that there is insufficient evidence for her case to go to trial.
Muir said there was a significant gap in submissions by prosecutors and defence about the strength of the case against O’Brien.
“I accept the facts are unusual and … my initial assessment is the prospects of the Crown obtaining a conviction for murder cannot be regarded as particularly high,” she said.
O’Brien has struggled with a methamphetamine addiction and the judge described her criminal history as “disappointing”, with short periods of time in prison.
Muir said the risk of a murder accused fleeing did not loom as large when there are reasonable prospects of acquittal.
Queensland Police Union president Ian Leavers said he was disappointed in O’Brien receiving bail, as well as the slowness of the court system in bringing the matter to trial.
“Why is the inefficiency of the court system allowing this to be an excuse for a person accused of murder to be granted bail?” he said.
“The rights of the victims here appear to have been forgotten.
“While it may only feel like yesterday to those of us who knew Dave, it doesn’t feel any less emotional three years on. This person should have been dealt with instead of being in a debacle about bail.
“The QPU has been in touch with Dave’s widow Sharon and she’s devastated plus feeling let down. The Masters family still live in the area where Dave was killed and they fear the offender on bail may come into contact with them in the community either accidentally or deliberately.”
O’Brien’s bail conditions include living with her mother who will provide a $30,000 surety and having no drinks, drugs, weapons or contact with witnesses.
The committal hearing is scheduled for five days from May 27 in Brisbane Magistrates Court.
– With Warren Barnsley