The ACT's top judge says she is "staggered" after a killer allegedly took methamphetamine and got behind the wheel while waiting to be sentenced over the death of a beloved disability advocate.
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Chief Justice Lucy McCallum revoked Mitchell Ryan Laidlaw's bail on Friday in the ACT Supreme Court, which heard the 35-year-old Evatt man had already been remanded in custody by the Magistrates Court in relation to new charges.
She had been due to sentence Laidlaw over the death of Sue Salthouse, who was the ACT Senior Australian of the Year when the offender rear-ended her wheelchair-accessible motorcycle on Commonwealth Avenue in July 2020.
Laidlaw, who had methamphetamine in his system at the time of the fatal crash, pleaded guilty earlier this year to charges of culpable driving causing death and drug-driving.
Chief Crown prosecutor Anthony Williamson and defence barrister Kieran Ginges both submitted in May that a community-based sentence, such as a suspended jail term, would be appropriate.
On Friday, Mr Williamson told the Supreme Court that concession had been partly based on the assumption that Laidlaw was unlikely to reoffend and "there was nothing, really, to rehabilitate".
He said his position had changed in light of recent events, which had landed Laidlaw behind bars as a result of "spiralling" behaviour.
The court was told Laidlaw had allegedly driven with methamphetamine in his system on June 23, less than two weeks after police claim to have told him his licence had been suspended due to unpaid fines.
Laidlaw, who was charged with new offences of drug-driving and driving while suspended as a result, signed a Magistrates Court bail undertaking that day.
One of the conditions was not to drive unless properly licensed to do so.
He allegedly breached this condition in the early hours of last Saturday, when police patrolling Fyshwick say they saw him drive into a service station with number plates issued to a different vehicle on his car.
Officers arrested Laidlaw and later charged him with again driving while suspended, as well as driving an unregistered vehicle and using number plates not properly issued.
He was remanded in custody by the Magistrates Court following that arrest, and faced the Supreme Court via audio-visual link from prison on Friday.
Mr Williamson asked Chief Justice McCallum to finalise the charges relating to the death of Ms Salthouse, 71, by sentencing Laidlaw to a full-time jail term.
The prosecutor said that if the prospect of being jailed over a person's death had not been enough to make Laidlaw "straighten himself out and get his affairs in order", no community-based order would help the 35-year-old.
"He has had the sword of Damocles hanging over him," Mr Williamson said.
"He knew there was a very real possibility he would go to prison.
"Notwithstanding that, his behaviour has spiralled."
Mr Ginges, who said he understood Laidlaw would plead guilty to the most recent charges in the Magistrates Court, asked Chief Justice McCallum to adjourn the Supreme Court sentence proceedings.
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He said the experience of being in custody for the first time had been a salutary one for Laidlaw, who would be able to start a new job as a roofer on Monday if released from jail.
Mr Ginges asked Chief Justice McCallum to grant bail and refer Laidlaw for an assessment of his eligibility for a drug and alcohol treatment order.
Chief Justice McCallum made that referral but revoked bail, saying Laidlaw had demonstrated he posed a risk to the community and he should remain behind bars until the outcome of the assessment was known.
She expressed astonishment at what Laidlaw had allegedly done in recent weeks, noting the 35-year-old had sat in court and listened to Ms Salthouse's family detail their distress at her loss in victim impact statements in late May.
"I was staggered, having listened to those victim impact statements, staggered, that he would resort to the use of methamphetamine again and drive," she said.
The judge listed the case to return to her court on July 29.
Laidlaw is currently scheduled to face the Magistrates Court in relation to the most recent charges on August 16, but his solicitor, Toni Tu'ulakitau, has asked for those matters to be brought forward to next week.
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