Strict conditional bail has been granted to a man charged over an alleged hit and run that killed an 86-year old man in Port Macquarie on Wednesday.
Emergency services responded to an accident on Hastings River Drive at about 5:30pm on Wednesday after reports a man had been struck by a vehicle on NSW's Mid North Coast.
Retired Anglican Church minister David Curtis was taken to Port Macquarie Base Hospital in a critical condition, but police on Friday morning confirmed he had died.
Lewis Alfred Witsel, 63, was on Thursday charged with six offences, including dangerous driving occasioning grievous bodily harm, negligent driving and failing to stop and assist.
A new charge of dangerous driving occasioning death is expected to be laid within days.
Mr Wistel appeared before Port Macquarie Local Court on Friday, dressed in a flouroscent tradesman top, and placed his handcuffed hands over his face.
Defence lawyer Tas Tasdemir applied for bail and argued his client was "quite distraught" when informed the 86-year-old man had died in hospital.
Defendant panicked, lawyer says
Mr Tasdemir pointed out his client had a good traffic record and had no criminal record.
He said Witsel returned to the scene to help the man but left because he was in shock.
"[Mr Witsel] attends the scene, sees the injuries, panics, goes back to his car in mode of panic," Mr Tasdimir said.
He said his client handed himself into police the morning after the incident.
But police prosecutor Garry Rowe said that while Mr Wistel was a "mature gentleman" who worked for living, he should remain in custody because he abandoned the scene.
Mr Rowe highlighted in his submission Mr Wistel's "total disregard for the deceased" despite the "health of the defendant in relation to his mental health."
He told the court about the "unobstructed view" on approach to the pedestrian crossing, and said "it's not the case [Mr Curtis] appeared out of nowhere."
Mr Rowe argued the act of failing to stop and render assistance was "upper end criminality".
Magistrate Georgina Darcy disputed that it was a high-end criminal matter, but said the defendant likely faced a prison sentence if convicted, even though he did not have a criminal record.
In granting bail, Magistrate Darcy also took into account Mr Wistel's "good" traffic record during almost 47 years of driving, with only three matters recorded since 1994.
As part of his bail conditions, Mr Witsel is to not to leave his home between the hours of 10pm and 5am, must report to Macksville police daily, and cannot leave the state.
The case will return to court on June 8.
