Rakei (pictured above) was killed when a speeding driver hit him.

JASON Ruscoe will spend at least 10 years and six months behind bars for the hit-and-run killing of traffic controller Timmy Rakei in Carrum Downs.

Rakei, 44, was struck and killed by a speeding car while working in Carrum Downs on the morning of 9 November 2021. Two days later, police arrested Ruscoe over the crash.

Last Thursday, 14 March, 31-year-old Ruscoe was sentenced in the County Court to 16 years and 3 months imprisonment. He will serve a minimum non-parole period of 10 years and 6 months.

In her sentencing remarks, judge Robyn Harper said Ruscoe showed a “breathtaking disregard for human life” by fleeing the scene of the crash. “Your leaving the scene after seeing Mr Rakei lying lifeless on the road was cowardly and callous,” Harper wrote. “It was shameful conduct that is difficult to comprehend.”

The 2021 crash left Rakei dead and his coworker Sean Kilmartin seriously hurt. Ruscoe pleaded guilty to one charge of culpable driving causing the death of Rakei, one charge of negligently causing serious injury to Kilmartin, and two charges of failing to assist after a motor vehicle accident. He also pleaded guilty to one related summary offence of driving whilst disqualified.

Ruscoe sped through the signed 40 kmph construction zone on Hall Road and pinned Rakei between two vehicles. The victim was thrown forward by the force of the crash into the right-hand lane. He died at the scene. Kilmartin was also thrown forward by the force of the impact, and suffered a broken leg. It is estimated Ruscoe was driving between 97 and 105 kmph in the 2.5 seconds before impact. Ruscoe exited the vehicle and fled on foot. He burned his clothing later that day at Baxter Park.

The judge took Ruscoe’s previous driving history into account during sentencing. At the time of Rakei’s death, Ruscoe was on a community corrections order and had been released from custody for driving in a manner dangerous and recklessly endangering life just 10 days beforehand.

Harper wrote that Ruscoe showed no remorse for his actions. “Beyond the acceptance of responsibility inherent in your plea of guilty, there is absolutely nothing before me to indicate remorse on your part,” she said. “Timmy Rakei was clearly a much-loved man whose death has impacted many people. Nothing this court can say or do can in any way adequately address the loss felt by his family and friends.”

First published in the Frankston Times – 19th March 2024

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