Fatal WA car crash charges discontinued

A West Australian prisoner who was to stand trial over an alleged car theft that sparked a pursuit ending in the death of a 50-year-old mother has had all remaining charges against him over the incident dropped.

Sharon D'Ercole was killed and her 16-year-old daughter Lashay was injured in April 2012 when a police car that was chasing an allegedly stolen Audi ran a red light and slammed into their Toyota Corolla.

James Stuart Edmonds, who was the passenger in the Audi, was in December 2012 jailed for five years and seven months for taking the car to a street in East Perth and setting it alight using tissues stuffed into the petrol tank.

Edmonds, who was 22 at the time, admitted the arson and also pleaded guilty to various other charges.

He was also set to stand trial for stealing a motor vehicle, driving recklessly, and with intent to harm, did an act causing bodily harm or endangering life, health or safety.

But the trial, which was to commence this week, has been vacated after the charges were discontinued by the state on May 5.

The Office of the Director of Public Prosecutions (DPP) said Edmonds was not in a position to give evidence now or at any time in the foreseeable future due to ill health.

"The state has elected to discontinue all charges against Mr Edmonds, rather than proceed on any lesser charge(s), as proceeding on lesser charge(s) would require a distortion of the facts and create an artificial basis for sentencing," the DPP said in a statement.

"By discontinuing the charges against Mr Edmonds at present, the state's position is protected in the unlikely event that the witness returns to good health and the prosecution can be reinstituted."