A 38-year-old Ballarat man who handed himself into police has appeared in court charged over an alleged fatal hit-and-run.Luton Murray faces charges including culpable driving, dangerous driving causing death, driving whilst disqualified, failing to stop, and failing to render assistance.The charges relate to the death of Shane Avery, 51, who died around midnight on August 17 after allegedly being struck by a car in the Ballarat suburb of Canadian.M Murray turned himself in at the Ballarat Police Station on August 24.He appeared in the Ballarat Magistrate's Court today to apply to be released on bail.Butt Street, Canadian, in Ballarat where the collision is alleged to have occurred on August 17. (ABC Ballarat: Laura Mayers)Detective Senior Constable Katie Goldsworthy from the major collision unit told the court police believed Mr Murray was driving a Ford Fiesta that was engaged in a car chase shortly before midnight on August 16.The court heard that the driver of the vehicle allegedly being chased by Mr Murray rang Mr Avery.Detective Goldsworthy said Mr Avery drove to the scene, stopped, and walked into the northbound lane on Butt Street, Canadian, "holding a large chain"."As he stopped, the Ford Fiesta pulled into northbound lane," she said."[Mr Avery] started swinging the chain."As he did, the driver's side hit Shane Avery... [and] he flew 24 metres."The individual who had called Mr Avery for assistance attempted to give the 51-year-old CPR, but he died at the scene.It is alleged Mr Murray drove off before ditching the Ford due to damage to the car, and fled on foot.The court heard phone evidence details Mr Murray ordering an Uber about 500 metres away from the incident.It is alleged the driver's side of a Ford Fiesta hit Shane Avery, 51, as he was "swinging" a "large chain" on Butt Street, Canadian in Ballarat. (ABC Ballarat: Laura Mayers)Accused history with drivingThe court also heard Mr Murray has been convicted on multiple occasions previously, including six times for driving with a disqualified licence. He was due to be sentenced again on that offence when the alleged collision occurred.Magistrate Vicky Prapas called the charges against Mr Murray "very serious", and said she was "struggling to see what [bail] conditions" could be imposed on him."I see a man who, despite court orders, continues to defy them," she said.Mr Murray is expected to remain in custody until a decision on his bail application on Friday.
Police allege car chase, chain threat, before fatal Ballarat hit-and-run
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