Major update after kids killed in crash
Adam Yurun, 24, was allegedly racing Jimmy Martin Brito, 33, at the time of the crash, with the pair allegedly reaching dangerous speeds of up to 140km/h in an 80km/h zone along the Grand Parade in Brighton Le Sands in August 2023.
As Brito's car approached Monterey, he lost control, with the car crashing into a tree and killing two children aged 9 and 10 who were inside the car, while a nine-year-old girl survived with minor injuries.
Mr Yurun was arrested weeks after the incident and charged with dangerous driving occasioning death, aiding or abetting manslaughter, and failing to stop after the crash.
He has pleaded not guilty to the charges. Adam Yurun has pleaded not guilty to a string of charges relating to the horror crash that killed two young brothers. NewsWire / John Appleyard Credit: News Corp Australia The two young boys were killed on impact when Jimmy Brito's car hit a tree. Credit: News Corp Australia
Judge Julia Baly SC deemed that Mr Yurun was unfit to stand trial in a hearing at the Downing Centre District Court on Monday.
Judge Baly quoted expert reports that outlined details of Mr Yurun's ongoing 'significant cognitive deficits'.
'I am well satisfied the accused suffers from a cognitive impairment and is unfit to be tried,' she told the court.
Among reasons outlined by experts as to why Mr Yurun man would not be fit to stand trial were intellectual disability, significant deficits in reasoning and memory as well as severe anxiety and depression.
Judge Baly citied the Crown case briefly and told the court that Mr Yurun allegedly engaged in a street race with Brito on August 25, 2023 at Monterey.
'It is alleged the accused initiated that race,' she said.
The street race is alleged to have continued for about 8km, and at one point both vehicles were driving at the same speed almost beside each other, Judge Baly said.
Brito then lost control of his vehicle and crashed into a tree, killing the two young boys on impact.
Mr Yurun allegedly did not stop at the crash scene but instead drove away, later flagging down a police officer and advising them of the crash.
'The accused did not leave his name with that cop,' Judge Baly said.
'The accused did not come forward despite publicity and being aware he was wanted by police.'
Mr Yurun's bail is to continue.
His matter will return to court on August 15 for a mention to fix a date for a special hearing.
It comes just months after Brito was sentenced over the fatal crash.
In March, he was sentenced to a non-parole period of eight years, with a head sentence of 11 years and six months. He pleaded guilty to two counts of manslaughter by criminal negligence and one of causing bodily harm by misconduct.
Brito was the second person sentenced so far over the fatal crash.
Last year, Bondi real estate agent Raquel Borg was sentenced to a two-year community corrections order and community service for 'concealing' the crash.
She was told during sentencing that her conduct was 'shameful'.
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