One of the charges against a Porsche driver accused of filming and taunting a dying police officer should be tossed out because it doesn’t even exist in Australia, his lawyers say.

Richard Pusey faces more than a dozen charges over an April crash on Melbourne’s Eastern Freeway that killed four police officers.

The 42-year-old is not accused of causing the crash but it’s alleged he filmed Senior Constable Lynette Taylor as she groaned for help in the wreckage.

He’s charged with outraging public decency after allegedly telling her: “All I wanted was to go home and have my sushi and now you’ve “f—ed my f—ing car”.

• Related: Trucking employee charged over Melbourne freeway crash

Acting for Mr Pusey, Dermot Dann QC has questioned whether the charge is even valid under Australian law.

He told Melbourne Magistrates Court on Thursday he couldn’t find a previous example of the charge as it stood in all of Australia’s legal history.

Mr Dann said prosecutors had relied on evidence including an English charge dating back 400 years.

Mr Pusey wanted the case against him resolved but lawyers for both sides remained deadlocked, the court was told.

The mortgage broker was charged after a truck collided with four police officers pulling him over for alleged speeding.

He wasn’t hurt but allegedly recorded the scene and a dying Senior Constable Taylor on his mobile before fleeing.

Senior Constable Kevin King, and Constables Glen Humphris and Josh Prestney also died in the crash.

Mr Pusey is accused of offences including driving dangerous speed, engaging in reckless conduct endangering life, destroying evidence, perverting the course of justice, failing to remain at the scene after a drug test and failing to render assistance.

He remains in custody and his case is due back in court on August 26.

-AAP