The victim of the Australia Day hit and run remains in a non-responsive state, with the driver yet to be sentenced.
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Sean Matthew Pitty, 43, of Osborne Avenue, appeared in court via audio visual link-up (AVL) to be sentenced on May 9.
However, specialist medical reports in the matter were outstanding, forcing it to be adjourned.
Pitty's family members were in the court for the sentencing on May 9, however police prosecutor, Sergeant Cameron Ferrier, told the court he sought the adjournment to obtain the medical documents.
He said police had sent requests for the medical reports.
The court heard police had made two separate requests to the hospital where the victim is being treated, but those reports had yet to be forthcoming.
Sgt Ferrier continued, saying he had been given verbal instructions the victim was still "in a non-responsive state", adding the outstanding medical documents were relevant to objective seriousness in relation to the extent of the victim's injuries.
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Noting the medical evidence was outstanding visiting Magistrate Carl Milovanovich said it was "a shame" the documents hadn't been finalised but said, "in fairness to the victim, the court should be fully appraised".
Pitty's Legal Aid solicitor, Lucy Maranga, said while her client "wanted to have the matter finalised as soon as possible", the court "should proceed to sentence with all the available information".
Guilty pleas
At his last court appearance on March 27, 2024, Pitty pleaded guilty to:
- Dangerous driving occasioning grievous bodily harm
- Failing to stop and assist after vehicle causing impact
- Driver not disclose identity
Police documents before the court said Pitty drove a silver Toyota Aurion to a Bathurst CBD hotel at about 9.20pm on January 26, 2024 to pick up a passenger.
Pitty turned right into Howick Street from George Street while the 46-year-old victim was walking along the street.
Police said CCTV footage captured Pitty's vehicle drifting towards the victim before hitting the man with "heavy" impact.
Pitty braked briefly before driving away without stopping to help the victim, who lay motionless on the road, according to the police documents.
Two witnesses who saw the crash called emergency services and the victim was flown to Westmead Hospital with life-threatening head injuries.
The man had emergency surgery for a serious spinal injury and bleeding on the brain, which required part of his skull to be removed to release pressure.
The following day, on January 27, police crash investigators identified a vehicle registration plate on CCTV vision and went to Pitty's West Bathurst home at about 3pm.
Once they arrived, the investigators said they saw the vehicle covered by a towel and bed sheet while parked under a carport.
Pitty was arrested and taken to Bathurst Police Station.
While executing a crime scene warrant, police said they saw significant damage to the vehicle along with hair fibres from the victim stuck in the windscreen.
Police documents said Pitty didn't tell police at first about his passenger, Matthew Raymond Thomas Pitty - who has been sentenced for concealing a serious indictable offence - but later said the 19-year-old was in the car at the time.
Sean Pitty told police he "just freaked out" when he hit the victim, and covered the car to protect it from hail damage.
A review of his phone showed he had a number of messages between himself and Simone Ann Harris, 41 - who has been sentenced for concealing a serious indictable offence - about hiring a business to fix the vehicle's windscreen.
Adjourned
After hearing submissions, Magistrate Milovanovich told Ms Maranga he was prepared to give one final adjournment.
"I think the prosecution should have the material this time," he said.
"There will be no disadvantage to your client, clearly the Section 5 threshold has been crossed. It is inevitable he will receive a custodial sentence and time in custody will be time served.
"The court should proceed with full knowledge."
The matter was adjourned until May 30, with Pitty to appear via AVL.
His honour said police were to obtain updated medical evidence, with no further adjournments to be given.
"It must proceed to sentence on the next occasion," he said.