A man accused of leading police in a dangerous high-speed chase on the Western Freeway is defending himself by saying he wasn't driving at the time, despite being arrested in the driver's seat.
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Ricky Stewart was arrested in Sebastopol in December 2020 after a two-hour chase along the freeway and through Ballarat in broad daylight.
He was charged with multiple offences, including reckless conduct endangering serious injury.
Police at the time alleged at one point he was recorded driving at 170km/h, in what was alleged to be a stolen vehicle with stolen plates. Stewart, then aged 25, was a P-plater with a suspended licence at the time.
Stewart appeared from custody at the Ballarat Magistrates' Court for a contested mention on Monday.
His defence lawyer said video from the Police Air Wing helicopter shows the car repeatedly stopping through the chase, and while the vision is obscured, at some points it shows doors opening and people exiting and entering the vehicle.
While Stewart was allegedly behind the wheel when he was arrested, his lawyer said the footage created a question about how long he had been driving for before his arrest, particularly during episodes of alleged dangerous driving on the Western Freeway.
"I've looked at the footage thoroughly, my view is that it can't be proven beyond reasonable doubt that he was driving the whole time," he told the court.
"It's clear at one stage that people got out, and it's clear a second time (the car) stopped but it's obscured.
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"Certainly at one point the car stops behind a tree, the doors open, people get out, another car stops next to it, and I'm aware police interviewed the people who were in that car."
The prosecution noted the footage lasts about two hours and would need to be shown to the court.
The case returns to court in December for a contested hearing.
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