A court has heard a string of text messages may be the undoing of a driver who is alleged to have sped away from police in a car that was later falsely reported as stolen.
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Chrisopher Uthenwoldt is charged in the Ballarat Magistrates' Court with reckless conduct endangering injury, failing to stop on police request, dangerous driving and unlicensed driving relating to events on the evening of September 29, 2020.
It is alleged at about 7.13pm Uthenwoldt was driving along Hopes Lane in Carngham with his partner when police observed them travelling west.
Police followed car as it turned south onto Ballarat Carngham Road and, using a mobile radar, police allege Uthenwoldt was speeding at 154 kilometres per hour.
The police prosecutor told the court heard police put on sirens but the accused allegedly sped away, "overtaking several vehicles, placing them and others at risk of a high speed collision".
Police contacted the owner of the car, Uthenwoldt's partner, but the woman had reported the car stolen.
About two months later, police investigating an unrelated matter uncovered texts sent on September 29 from a phone number linked to Uthenwoldt's partner.
One message read: "I've stashed the car at a mate's house and will report it stolen."
Followed by, "Chris has taken off," and "cops followed for a bit so floored it".
The woman also wrote of the alleged offending in the texts: "If I had been driving this wouldn't have happened. I have a license."
Uthenwoldt's partner admitted in an interview with police to making the false report.
The accused was arrested in June last year in relation to the alleged speeding but defence lawyer Joseph Adamo told the court there was a question of whether Uthenwoldt had been incorrectly identified as the driver.
"It can't be proved beyond reasonable doubt," Mr Adamo said.
"That evidence needs to be given by [Uthenwoldt's partner] ... and at this stage there isn't a statement on our brief that she will give statements to that effect, [police are] relying on text messages.
"It would've been dark."
Magistrate Hugh Radford said there was sufficient evidence to link Uthenwoldt to the driving and the accused will likely have to be called as a witness.
"I understand that's your position," Mr Radford said.
"If your client doesn't get in the witness box ... that evidence will most likely stick.
"And I accept there's no direct observation evidence but, if I can put it lightly, all roads lead to Rome."
Mr Adamo replied: "We say there's a possibility ... it will not lead to conviction."
The court heard Uthenwoldt's criminal history included drug related and dishonesty offending.
The matter will return to court on October 19 for a contest mention, where the prosecution and defence will debate the facts of the case.
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