He said the way Mr Rogers turned the corner was a “reckless act in the circumstances” and police planned to lay more charges against Mr Rogers.
“The potential of those charges would depend on the outcome and the circumstances of the victims, and some continuing investigation of the [traffic] light cycle as it was applicable to the truck as it entered the intersection,” Senior Detective Oliver said.
The vehicle was fitted with multiple CCTV cameras.
In an interview with detectives, Mr Rogers said he knew the corner well, and on the point of impact he “felt a bump” which he believed was his rear axle mounting the kerb.
He denied having any knowledge of the injuries sustained by the pedestrians.
Mr Rogers’ lawyer Stephanie Gillahan said the matter would probably proceed to trial, with the issue of whether his driving was a “serious breach” of safe road use a point of contention.
“It is caught on footage and it is certainly tragic five people have been seriously hurt,” Ms Gillahan told the court.
“The risks can be appropriately mitigated with conditions, such as him not driving trucks and he’s prepared to surrender his passport. His partner is overseas but he has obviously not seen her in some time.”
She told the court Mr Rogers had no prior criminal history.
Police prosecutor Sergeant Geoff Adams said while it was not likely the 64-year-old would reoffend or be a flight risk, police were concerned if he was able to get back behind the wheel.
“The intersection is not the danger, the person driving the truck has to drive appropriately,” Sergeant Adams told the court.
“Having the wheel sitting in the gutter, the back does not follow exactly where the front goes.”
Magistrate David Starvaggi granted bail noting that Rogers had no criminal priors, a stable address and there could be significant delays in the case.
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He placed a condition on the 64-year-old’s bail that he not drive a vehicle of 4.5 tonnes or over or towing a trailer on any vehicle while on bail.
Mr Starvaggi it was clear the injuries resulting from the collision were “extremely serious and potentially life-threatening”.
Senior Detective Oliver said the 64-year-old had been driving trucks for more than 40 years, and had been freighting loads of chemicals for around 10 years.
Blood tests for drug and alcohol were taken from Mr Rogers, but the results will not be returned for at least two weeks.
Of the injured people, one man in his 20s remains at The Alfred hospital in a critical but stable condition in ICU, while another man aged in his 30s is at the Royal Melbourne Hospital in a serious condition after undergoing surgery on Friday night.
The three other pedestrians injured in the crash – a man in his 30s, a man in his 20s and a woman in her 20s with a broken femur – remain in hospital in a stable condition.
Anyone with information is urged to contact Crime Stoppers on 1800 333 000 or submit a confidential crime report at www.crimestoppersvic.com.au
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