Three charges against Kane David Kell were withdrawn after a request from the prosecution. (ABC News: Damian Parombka)
A man charged over a car crash that killed the son of a former ACT opposition leader has several charges dropped, after new court documents alleged he was not at the wheel when the crash happened.
On January 2, Jozef Stefaniak, 24, died from fatal head injuries after he was thrown from a car when it rolled on Yarra Glen at Hughes.
Jozef Stefaniak was the son of Bill Stefaniak, who led the Canberra Liberals between 2006 and 2007.
It had been alleged Kane David Kell, 21, was driving at the time and police charged him with offences including culpable driving causing death, speeding, and failing to give assistance.
But in the ACT Magistrates Court on Wednesday, the prosecution’s request to withdraw those three charges was granted.
Last month, 33-year-old Angela Lea Smith was charged with a number of offences relating to the crash including culpable driving causing death, speeding and failing to give assistance.
Ms Smith was also charged with driving without a seatbelt, driving an uninsured and unregistered vehicle, and drug driving.
Her application for bail was denied in the ACT Magistrates Court.
Documents presented to the court allege Mr Kell got into an argument, parked the car, got out of the driver’s seat and swapped with Ms Smith, who then got into the driver’s seat.
The documents revealed a witness alleged she saw this and it was captured on CCTV.
“The witness observed the female was in the driver’s seat and there was a male in the front passenger seat and another male sitting in the rear of the vehicle,” the documents said.
The documents allege the car crashed nearby minutes later.
During Ms Smith’s application for bail, the court heard she wanted to be at home with her family.
Prosecution opposed the request and told the court information had come to light that suggested Ms Smith had allegedly attempted to contact a witness.
Her bail application was denied because of concerns including interfering with witnesses and failing to appear.
Ms Smith is yet to enter pleas to the charges.
The matter returns to court at the end of the month.
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