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‘Shameful’: Realtor hid details of horror crash

Written by on September 13, 2024

A real estate agent was “scared for herself” when she failed to report a driver in an alleged street race in Sydney’s east that killed two young brothers, a court has been told.

Raquel Marie Borg, 27, appeared before Downing Centre Local Court on Friday for sentencing after pleading guilty to a single charge of concealing an indictable criminal offence.

The then-Bondi Beach realtor was a passenger in an Audi A4 sedan driven by 24-year-old Adam Yurun during an alleged street race with another driver on August 25, 2023.

Police allege Mr Yurun was racing Jimmy Martin Brito, 33, on Grand Pde at Monterey when Mr Brito’s Subaru WRX left the road and hit a tree, killing the two children inside.

Mr Brito was arrested soon after the crash while Mr Yurun – who will fight the allegations in court – was arrested weeks later after police intercepted calls placed with Borg.

The court was told Borg was not in any way responsible for the crash but had failed to inform police of the second driver, Mr Yurun, both before and after the intercepted call.

Magistrate Megan Greenwood told Borg she could have “lessened the grief of the families” of those killed, but chose not to report to police because “you were scared for yourself’.

“You knew that police were looking for the driver of the other car … You knew – you knew – who that driver was and how he was involved and you did nothing,” Ms Greenwood said.

“Your conduct is so serious, it’s shameful.

“You were trying to protect your friend (Mr Yurun) and maybe yourself – I’m still not convinced how you would have been in trouble.”

Horrifying video of the alleged street race captured by the juvenile occupants of the Subaru was played before the court on Friday, including the moment of the crash.

Police allege the video shows the WRX reaching speeds of up to 140km in an 80kmh zone, passing through the Sydney Airport tunnel to the sounds of kids screaming playfully.

Minutes later, video captured from a home along Grand Pde showed the blue hatchback colliding with the tree in a collision police said was so strong it shook nearby homes.

The court was told the Audi had slowed down but not stopped and that sometime after Mr Yurum had allegedly reported a “bad crash” with kids in the car, with Borg present.

On September 8, the pair again discussed the alleged incident in an intercepted phone call in which Borg said of the police investigation that “I don’t know, we’ve got to see”.

It was from that call onwards that her lawyer, Peter Nematalla, and Ms Greenwood agreed that she was culpable for the charge. The pair were arrested only a few days later.

In his submissions, Mr Nematalla said there was “no palpable evidence” that Borg had witnessed the crash, that she expressed remorse, and had been stood down from her job.

Mr Nematalla said Borg had been stripped of her real estate license pending the outcome of court proceedings and feared reprisals because of her involvement in the crash.

The police prosecutor argued the seriousness of the alleged crime Borg was concealing was critical and doubted her remorse for concealing the alleged offence.

The court was told Borg had told doctors she would attend car meets and believed she had not done anything wrong, though some admissions were rejected by Mr Nematalla.

Ms Greenwood sentenced Ms Borg to a two-year community corrections order and 100 hours of community service she said would “make up for the harm you have done”.

Mr Brito pleaded guilty last month to two counts of manslaughter as well as causing actual harm by misconduct while in charge of a vehicle, with other charges withdrawn.

He remains in custody on remand and is expected to appear before Downing Centre District Court on September 27 for mention ahead of a sentencing date being set.

Mr Yurun was charged with two counts of manslaughter, aiding or abetting negligent driving occasioning death and failing to help after a crash, as well as organising a street race.

He pleaded not guilty to the charges and was committed to stand trial in Downing Centre District Court.

He will remain on conditional bail and will be arraigned in early October.

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