The driver who ploughed his car into a crowded hijab shop in Western Sydney lied about his medical history to obtain a licence, a court has heard.
Sabry Moustafa Nassar, 51, was denied bail for a third time when he appeared in prison greens on screen today at the NSW Supreme Court from a cell at Silverwater jail.
The painter is facing up to two years in prison after his SUV accelerated into stopped traffic before crashing into Hijab House at Greenacre, injuring 14 people, in May.
He is suspected to have suffered an epileptic seizure before the incident.
Defence lawyer James Leaver said his client had a clean criminal history and suggested a forfeiting of licence to mitigate any risk to the public.
The court heard Mr Nassar suffered his first “unprovoked seizure” in front of a friend on September 26, 2013.
The Crown Prosecutor argued the 51-year-old ignored doctors’ orders to stay off the road and undergo testing for epilepsy.
Justice Michael Walton described that evidence as “inconclusive” and “ancient” but relevant to his decision to refuse bail.
“He sought a licence not declaring that prior medical advice it would seem, and there appears to be a declaration of fitness,” he said.
“He has a history of getting behind the wheel despite strong medical advice not to do so.”
Justice Walton said he wasn’t satisfied Mr Nassar wouldn’t get behind the wheel again given his job as a painter and continued to pose “an endangerment to the community”.
The court also heard Mr Nassar was also involved in a “road rage” incident in January, but was only charged when questioned by police over the Greenacre crash.
“He intentionally drove his car in an aggressive manner … the victim observed the applicant being angry and swearing in Arabic,” Justice Walton said.
“The applicant then drove away and did not stop.”
Justice Walton suggested Mr Nassar get tested for epilepsy while he remained behind bars at Silverwater jail.
