Kiwi lawyer tragedy: Claims Mitch East was lying down in Sydney street when struck by car

A young Kiwi lawyer was lying on the road in the early hours of the morning when he was allegedly struck and killed by a rideshare driver distracted by his phone, Australian media are reporting.

Sydney-based Kiwi Mitch East was killed in the alleged hit-and-run in east Sydney’s Tamarama about 4am last Sunday. It had earlier been reported he was struck after stepping out of an Uber vehicle.

The Harvard graduate and Arnold Bloch Leibler lawyer - who was also a former member of the Whiritoa Lifeguard Service - was found by passersby and died at the scene.

Today, ride-share driver Zisi Kokotatsios - who is facing multiple charges over the death of East - was granted bail when he appeared in Parramatta Bail Court after spending the night in custody on remand, news.com.au reported.

The 63-year-old is expected back in court in May over charges of failing to stop and assist after vehicle impact causing death, dangerous driving occasioning death – drive manner dangerous, negligent driving (occasioning death) and driver use mobile phone when not permitted.

Police alleged he was illegally using his phone while driving to pick up a ride-share customer, and that surveillance footage showed the moment he allegedly struck East.

The footage showed his car was lifted up by the impact, the police prosecutor said.

“An audible crash sound was captured on CCTV in the vicinity of the scene and the vehicle was seen to slow significantly before fleeing. There can be no doubt the driver of the vehicle knew he had struck something.”

The court also heard East had been “lying down on the street” when he was struck.

He wasn’t seen by Kokotatsios because the driver was distracted while using his cell phone, police alleged.

“The accused did the wrong thing and, because of that, someone has died,” the police prosecutor said.

Kokotatsios was also accused of not stopping to check on or help East, news.com.au reported.

“If he had stopped and had a look, he would have seen a person laying there dying,” the prosecutor said.

Kokotatsios had already been charged with using his cell phone while driving in December.

However, the man’s lawyer, Mohamad Sakr, said police “lack substantial evidence” to prove his client was illegally using his cell phone, which was held in a permitted holster.

There were a number of “issues” and “definite concerns” with the prosecution’s case, Sakr said.

“It’s accepted Mr Kokotatsios hit something. We don’t know … that it was in fact my client that killed this young man.”

Sakr also said East had put himself at risk by lying on the ground.

Kokotatsios would’ve stopped to help if he knew he’d hit someone, Sakr said.

The court also heard the ride-share driver relied on glasses sometimes when driving.

The magistrate agreed there were “difficulties” with the prosecution’s case related to the cause of East’s death and “what (Kokotatsios) was doing when he was driving”.

“That’s all for another day.”