Stuarts Point man charged over hit-and-run death of retired Anglican minister

David Curtis, died on Friday morning, April 14, after being critically injured on a pedestrian crossing on Hastings River Drive.

The former minister of the historic St Thomas' church was struck on Wednesday April 12, at 5.20pm.

Witsel, who is accused of leaving the critically injured 87-year-old at the side of the road, held his head in his hands when told in court that his alleged victim had died.

The court heard from police prosecutor Sergeant Garry Rowe that the charges against Witsel are likely to be upgraded.

"The charges will be upgraded to dangerous driving occasioning death which is a strictly indictable matter that will be dealt with in the District Court," he said.

When opposing bail, the prosecution said the matter is "significant".

"It's concerning in relation to the act itself and that he failed to render any assistance to the pedestrian," Sgt. Rowe said.

The prosecution said through the investigation by the Crash Investigation Unit, there is at least 80 metres of clear unobstructed view on approach to the crossing.

"The victim did not appear suddenly out of nowhere, nor was he running across the pedestrian crossing. He was in the curbside lane when struck," Sgt. Rowe said.

Concerns were also raised by the prosecution of the possibility of Witsel failing to adhere to bail conditions.

"[Following the accident] he drives home and there is evidence through the investigation that he moved evidence from the motor vehicle and he doesn't notify his wife as to what has transpired," Sgt. Rowe said.

"He attends the police station the following day. His total disregard for the deceased is concerning."

Mr Tasdemir said his client was in a "mode of panic" following the accident.

"He got home and didn't tell anyone and he is still in shock," he said.

"He works full-time and is the sole breadwinner in his family. He has a limited traffic record and no criminal history."

Mr Tasdemir also spoke of Witsel's "strong community ties" when making his application for bail.

Magistrate Darcy said she had to asses the ordinary bail concerns and determine whether they amount to an unacceptable risk.

"He has not been subjected to bail conditions in the past and there is no evidence he won't comply with conditions," she said.

Magistrate Darcy described the accident as "tragic".

"The victim was an elderly gentleman who was crossing the pedestrian crossing. It is alleged he was hit by the vehicle being driven by the accused," she said.

"I am told he has sadly passed away and there will be an upgrade to the charges."

Magistrate Darcy said it appears to not be in dispute that Witsel left the scene of the accident, but that there is some dispute as to whether he returned before driving to his home in Stuarts Point.

The court also heard Witsel has been driving in NSW for almost 47 years and has three matters on his traffic record since 1994.

However, Magistrate Darcy did highlight the seriousness of the offences.

"These offences are incredibly serious and a custodial sentence is likely upon conviction for these matters," Magistrate Darcy said.

"As the Supreme Court has stated, refusing someone bail is not to be used as a form of punishment."

Magistrate Darcy has granted Witsel bail on the following conditions:

The case will return to court on June 8.

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