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The Canberra Times
The Canberra Times
Hannah Neale

Man cleared of releasing fire extinguisher out of car during pursuit

Charges against a dangerous driver, who was accused of releasing a fire extinguisher out a window during a police pursuit, have been dismissed.

Ryan Kyle Tonna was on Monday found not guilty of five charges including aggravated dangerous driving and reckless driving.

Tonna had pleaded guilty to other charges relating to ramming into the side of a Mercedes Benz on May 11.

He denied, however, dangerous driving in a silver Holden Astra on May 12.

Tonna also admitted to further driving offences committed on May 14, when police pursued the same vehicle.

In an ACT Magistrates Court hearing, prosecutor Alexandra Back alleged on May 12 Tonna had cut in front of other cars, mounted a roundabout, failed to stop for police and ran red lights.

Tonna was also accused of releasing a fire extinguisher out of the vehicle while speeding away from police.

Tonna's lawyer, Andrew Fraser, argued his client was not behind the wheel at the time of some of the alleged offences.

"There is a reasonable alternative theory in our submission," he said.

"It is implausible outright that someone could drive a vehicle at the pace shown and discharge a fire extinguisher at the same time."

Mr Fraser also argued mounting a kerb didn't amount to reckless driving.

Giving evidence, Tonna denied the crimes. He told the court on the day in question he was staying with a friend at a hotel.

He drove the car with his friend in the front passenger seat, and another man known only as "John" in the back, to Hungry Jack's in Kambah for breakfast about 8am, Tonna claimed.

Upon arriving back at the hotel, the other two men took the vehicle, with John driving, while Tonna stayed behind to check out by 10am, the defendant stated.

Tonna said his friend and John then wouldn't answer his calls.

"They were meant to only take an hour to two hours, they were meant to pick me back up at the hotel," Tonna stated.

During this time, the Holden was said to have been involved in dangerous driving. Tonna denied driving the vehicle at this time.

In response to questions from Ms Back, Tonna claimed he "nearly" reported the Holden as stolen but went to his friends' home in Weston Creek instead.

"When I arrived I didn't see any of them, the keys were in the letterbox and I just drove off," he said.

"The number plates were gone from the car.

"I reported them stolen but I found them the next day under the seat of the car but I didn't follow up with police."

The prosecution relied on police video footage and evidence from an officer who claimed to have identified Tonna driving the Astra.

However, Magistrate Jane Campbell found it was not "implausible" Tonna had lent his car to John and found the prosecution case was not proven.

Tonna was remanded in custody and is set to apply for bail on Wednesday.

Tonna is scheduled to be sentenced on November 15.

The ACT Magistrates Court. Picture by Jamila Toderas
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