Family breaks silence after man accused of running over kids gets bail

Aboriginal family breaks silence after boys run over by ute in Mildura In short: A family member of an Aboriginal boy who was seriously injured when he was struck by a ute last week has spoken out after the accused driver was granted bail yesterday. The family member wants politicians to consider whether bail laws offer adequate protection for alleged victims of serious crime. What's next? One of the boys remains in hospital and the other has been discharged. The accused, Andrew Brien, will return to court in December. A family member of an Aboriginal boy who was seriously injured when he was struck by a ute last week has spoken for the first time, expressing "deep concern and disappointment" after the accused driver was granted bail yesterday. This article contains offensive language. The incident occurred last Thursday night in the heart of Mildura, when two 12-year-old boys riding motorised bicycles through Langtree Mall were allegedly pursued and struck by a ute travelling at almost 80 kilometres per hour. A family member of one of the boys has provided a statement to the ABC. "I witnessed firsthand the physical and emotional impact this incident has had," they wrote in a statement. "I sat beside my young cousin at Mildura Base Hospital while he was in pain and frightened. My cousin told us that he did not understand why the man was allegedly chasing them. "The boys were scared, and their families have been left dealing with the emotional consequences of what occurred." One of the boys suffered a collapsed lung and required surgery after suffering a broken arm, leg, ankle, sternum and multiple rib fractures. The other was concussed and had minor arm injuries. There has been speculation that the two boys were earlier involved in an incident in the mall but in court on Wednesday Senior Constable Mitchell Carew confirmed the two boys were "categorically" not involved in any offences. In a statement, Victoria Police asked the community not to spread false information. "We remind the community to avoid sharing misinformation and rumours online, particularly while legal proceedings are underway," a spokesperson said. On Wednesday Andrew Brien, 56, faced Mildura Magistrates' Court charged with four counts of reckless conduct endangering life, as well as counts of dangerous driving causing serious injury, intentionally causing injury, and driving in a dangerous manner. During the bail hearing a series of CCTV footage was shown. In the first video, the vehicle allegedly driven by Mr Brien appears to have narrowly missed the two boys, carried out a U-turn and allegedly followed them into Langtree Mall. The footage then showed the vehicle crashing into a bike at high speed, sending one boy flying through the air, before the ute collided with a streetlight pole. The footage also showed one of the boys stuck underneath the ute and Mr Brien stepping over them without rendering assistance. The court heard call logs showed Mr Brien had called Triple Zero (000). Mr Brien's lawyer argued his client was suitable for bail because he had no prior convictions, had spent his first time in custody, and a trial would likely not occur until 2028. That was opposed by prosecutor Raphael de Vietri, who argued Mr Brien was motivated by a mistaken belief the boys had vandalised his partner's business, alleging that he was "deadset on mowing those two children down". The court granted Mr Brien bail, noting he had never previously been in trouble and was not a suspected flight risk. The court noted that it was largely influenced by the prospect of a lengthy delay in the court matter. Mr Brien has been granted bail under the provision that he not drive a car and must adhere to a 9pm curfew. He will appear in court again in December. Social media flooded with racist, violent comments Days after the incident, racist and violent commentary spread across social media with false accusations that the children had committed a crime, something the family says has compounded their trauma. "As an Aboriginal family, seeing racist and hateful comments surrounding an already distressing situation added another layer of hurt," the family member said in their statement. "The subsequent removal of posts does not erase the impact those comments had on the families who saw them. "This raises broader questions for me about whether victims and their families — particularly Aboriginal children and families — feel adequately protected, supported and heard throughout the justice process." Calls to review bail laws During an interview with Channel 7 News local MP Jade Benham commented on the incident earlier this week, linking it to concerns about the crime rates in the area. "This is not the way to go about it," she said. "Crime is out of control, businesses are suffering … however, we really need to keep a lid on being a vigilante — you're not Batman," Ms Benham said. The ABC has contacted Ms Benham but had not received a response as of the time of publication. Multiple Aboriginal community members have expressed concern for safety in the area, with some saying they are scared to leave their homes. The ABC understands police have increased patrols in the area in response to the incident. The boy's family is calling on the government and local representatives to show leadership, particularly around bail laws. "These are not simply names in a court matter. They are children with families who love them. I saw their fear and pain firsthand, and our families continue to live with the effects," the family statement said. "I understand that bail is part of the legal process … restrictions involving a driver's licence and a curfew do not feel adequate when two children and their families have experienced such significant fear, distress and trauma. "I respectfully ask that our concerns be heard and that consideration be given to how the justice system can better protect and support children, victims and their families while criminal proceedings are underway."