Image: Credit NSW Police
A French tourist who crashed into Sydney’s Archibald Fountain while delivering food has had a charge of negligent driving occasioning death withdrawn, after a court heard there was no evidence anyone was injured or killed in the incident.
Eizeur Kouki appeared at Downing Centre Local Court after the charge was removed, with the 23-year-old instead convicted of negligent driving, failing to reverse safely and driving without a NSW licence. He was fined $1100 and disqualified from obtaining a NSW driver’s licence for a period.
The crash occurred on June 3 when Mr Kouki reversed into the Hyde Park fountain while following a navigation application during a delivery. His lawyer told the court the vehicle was travelling at about 20km/h at the time.
The court heard Mr Kouki’s passport and identification documents had been seized as part of the case, leaving him unable to work and without stable accommodation during the proceedings.
Judge Michael Allen questioned how the original charge had been laid, saying there was no evidence supporting an allegation of death or serious injury.
“Absolutely not a scintilla of evidence” suggested that was the case, the judge said.
Judge Allen said the matter was “very concerning” and questioned why Mr Kouki had faced strict bail conditions when the evidence did not support the serious charge.
The prosecutor told the court the charge may have resulted from an administrative error involving the selection of an incorrect offence code.
A NSW Police spokesperson confirmed the charge was withdrawn following an administrative error and said the bail decision had been based on all charges originally brought against Mr Kouki.
Outside court, Mr Kouki apologised for damaging the fountain and expressed his desire to return to France.
“I am very sorry for this monument because this monument’s French and I am French,” he said.
Mr Kouki also said he remained positive about Australia and police.
“I love Australia,” he said, adding that “police are good in Australia”.
He denied a claim that he had eaten the food he was delivering after the crash, describing the allegation as untrue.
The court proceedings concluded with Mr Kouki being sentenced on the remaining driving offences.
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