The court heard that on January 14 this year, Mr Nassar was also involved in an incident at Lakemba in which he aggressively tailgated a car before veering onto the wrong side of the road and ramming it several times. The other car was left with damage to one of its panels but the driver was unharmed.
Mr Nassar has been charged with driving recklessly/furiously in relation to the January 14 incident and it’s alleged that after intentionally colliding with the other car, he pulled out in front of it and attempted to run into it again.
According to NSW Police, he was swearing in Arabic at the other driver before driving off. The incident was not investigated at the time but Mr Nassar was charged following the Greenacre crash.
Justice Michael Walton refused Mr Nassar bail because of the strength of the prosecution case and rejected his argument he may have suffered an epileptic seizure before the Hijab House crash.
His lawyer, James Leaver, told the court that in 2013 Mr Nassar was assessed by a neurologist after suffering what was believed to be an epileptic seizure.
The doctor recommended he undergo an electroencephalogram and MRI and concluded he may suffer from epilepsy.
“He may well have some neurological condition,” Mr Leaver said. “There is a very real, indeed strong suggestion that whatever happened that day may have been the result of some kind of medical episode.”
But Justice Walton did not accept the argument, questioning why Mr Nassar had not undergone further testing when it was recommended seven years ago.
The judge also said Mr Nassar’s car stopped about 30 metres before the intersection of Boronia and Waterloo roads before accelerating and causing the crash – rebutting his argument he was acting involuntarily.
Any bail conditions – including those proposed by Mr Nassar’s lawyers that he not drive a car – could not mitigate the risk to the community.
“If the applicant is convicted of these offences, there is a prospect, a likelihood of him receiving a custodial sentence,” Justice Walton said.
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